CRIMINAL CODE OF THE ARGENTINE NATION
LAW 11,179 (T. O. 1984 Updated)
Thematic Index
BOOK FIRST
GENERAL PROVISIONS
TITLE I APPLICATION OF CRIMINAL LAW Arts.1 to 4 TITLE II OF THE PENALTIES Arts. 5
To 25 TITLE III CONDITIONAL LOCKING Arts. 26 To 29 TITLE IV REPAIR OF DAMAGES
Arts. 30 To 33 TITLE V imputability Arts. 34 To 41 TITLE VI ATTEMPT Arts. 42 To 44
TITLE VII CRIMINAL INVOLVEMENT Arts. 45 To 49 TITLE VIII recidivism Arts. 50 To 53
TITLE IX OFFENSES Arts contest. 54 To 58 TITLE X EXTINCTION OF ACTIONS AND
PENALTIES Arts. 59 To 70 TITLE XI OF THE EXERCISE OF THE ACTIONS Arts. 71 To 76
TITLE XII OF THE SUSPENSION OF THE TRIAL TO TEST Arts. 76 To 76 quater bis
TITLE XIII SIGNIFICANCE OF CONCEPTS USED IN THE Arts. 77 To 78 bis CODE
BOOK SECOND
TITLE OF THE OFFENSES I OFFENSES AGAINST PERSONS Arts. 79 To 108 TITLE II
OFFENSES AGAINST THE HONOR Arts. 109 To 117 bis,
TITLE III OFFENSES AGAINST SEXUAL INTEGRITY Arts. 118 To 133 TITLE IV CRIMES
AGAINST THE STATE CIVIL Arts. 134 To 139 bis
TITLE V CRIMES AGAINST FREEDOM Arts. 140 To 161 TITLE VI CRIMES AGAINST
PROPERTY Arts. 162 To 185 TITLE VII OFFENSES AGAINST PUBLIC SECURITY Arts. 186
To 208
TITLE VIII OFFENSES AGAINST PUBLIC ORDER Arts. 209 To 213 bis,
Title IX OFFENSES AGAINST THE SECURITY OF THE NATION Arts. 214 To 225 TITLE X
OFFENSES AGAINST PUBLIC AUTHORITIES AND ORDER Arts. 226 To 236
TITLE XI CONSTITUTIONAL CRIMES AGAINST THE PUBLIC ADMINISTRATION Arts. 237
To 281 bis,
Title XII OFFENSES AGAINST PUBLIC FAITH Arts. 282 To 302
ADDITIONAL PROVISIONS Arts. 303 To 305
LAW 11,179
(T. O. 1984 Updated)
PENAL CODE OF THE ARGENTINE NATION
See Normative Background
BOOK FIRST
GENERAL PROVISIONS
TITLE I
APPLICATION OF THE CRIMINAL LAW
ARTICLE 1.- This code shall apply:
1 ° .- For offenses committed or whose effects should occur in the territory of the
Argentine Nation, or in the sites that are subject to their jurisdiction;
2 ° .- for crimes committed abroad by agents or employees of the Argentine
authorities in carrying out its charge.
ARTICLE 2 ° .- If the law in force at the time of the offense is different from that
which exists at the time of the judgment or in the intermediate time, always apply
the more benign.
If during his sentence would be dictated a more benign law, the penalty shall be
limited to the established by that act. In all cases of this article, the effects of the
new law will operate in its own right.
ARTICLE 3 ° .- In the computation of the preventive detention will be noted
separately the law most favorable to the defendant.
ARTICLE 4 ° .- The general provisions of this code shall apply to all offenses by special
laws, as these would not have otherwise.
TITLE II
OF THE PENALTIES
ARTICLE 5.- The penalties that this code sets are the following: detention,
imprisonment, fine and disqualification.
ARTICLE 6.- The term of imprisonment, perpetual or temporary, will comply with
compulsory labor in the establishments for the effect. The inmates may be employed
on public works of any kind with such that they are not hired by individuals.
ARTICLE 7.- The men weak or sick and the aged sixty years that merecieren
detention, will suffer the sentence in prison, and shall not be subject only to the
class of special job that determine the direction of the establishment.
ARTICLE 8 ° .- minors and women will suffer the sentences in special institutions.
ARTICLE 9.- The term of imprisonment, perpetual or temporary, will be with
compulsory labor, in establishments other than those intended for the inmates.
ARTICLE 10.- When the imprisonment not exceeding six months may be detained in
their own homes the decent women and older people of sixty years or
valetudinarias.
ARTICLE 11.- The product of the work of the sentenced to detention or
imprisonment shall apply simultaneously:
1o. To compensate for the damage caused by the offense that fails to comply with
other resources;
2o. The provision of food according to the Civil Code;
3o. To defray the costs causes in the establishment;
4o. To form an own background, you will be given to its output.
ARTICLE 12.- The detention and imprisonment for more than three years are as
inherent in the absolute disqualification, by the time of the sentence, which may last
up to three more years, if so resolved the court, in accordance with the nature of the
offense. Also Import the deprivation, for the duration of the penalty, of parental
authority, the administration of the property and the right to dispose of them by acts
inter vivos. The prisoner shall be subject to the guardianship established by the Civil
Code for the incapable.
ARTICLE 13.- The sentenced to imprisonment or life imprisonment that has served
thirty-five (35) years of condemnation, the sentenced to imprisonment or
imprisonment for more than three (3) years who has completed the two-thirds, and
sentenced to detention or imprisonment, for three (3) years or less, who has
completed one (1) year of imprisonment or eight (8) months' imprisonment, noting
with regularity the prison regulations, will be able to obtain the freedom by judicial
decision, prior to the report of the address of the establishment and expert's report
that predicts in individually and favorable its social reintegration, under the following
conditions:
1.- reside in the place to be determined by the auto of fluent english;
2 ° .- observe the inspection rules To attach the same car, especially the obligation to
refrain from consuming alcoholic beverages or use narcotic substances;
3 ° .- Take in the period that the auto determine, ex officio, art, industry or
profession, if he has no means of subsistence;
4 ° .- not to commit new offenses;
5 ° .- Submit to the care of a board of trustees, indicated by the competent
authorities;
6 ° .- medical treatment, psychiatric or psychological, to prove their need for and
effectiveness of agreement to the council of experts.
These conditions, which the judge may add any of the rules of conduct referred to in
article 27 bis, governed until the expiration of the terms of the temporal punishment
and up to ten (10) years more in the perpetual, counting from the day of the
granting of parole.
(Article replaced by art. 1 Of the Act No. 25,892 B. O. 26/5/ 2004)
Article 14 - The parole will not be granted to repeat offenders.
Nor shall be granted in cases provided for in articles 80 (7 º, 124, 142a, penultimate
paragraph, 165 and 170, last paragraph.
(Article replaced by art. 2° Of the Law No. 25,892 B. O. 26/5/ 2004)
ARTICLE 15.- The parole shall be revoked when the prisoner commits a new crime or
violates the obligation of residence. In these cases will not be counted, in the end of
their sentences, the time that has lasted the freedom.
In the cases of the subparagraphs (2nd, 3rd, 5th and 6th of the article 13, the Court
may order that is not compute in the term of the sentence all or part of the time that
has lasted for the freedom, until the condemned would comply with the provisions
of those subparagraphs. (Paragraph replaced by art. 3° Of the Law Nº 25,892 B. O.
26/5/ 2004)
ARTICLE 16.- After the end of the sentence, or the term of five years pointed out in
the article 13 without probation has been revoked, the penalty shall be extinguished,
the same as the absolute disqualification of article 12.
ARTICLE 17.- No prisoner whose probation has been revoked, you can get it back.
ARTICLE 18.- The convicted by provincial courts to detention or imprisonment for
more than five years will be admitted to the respective national establishments. The
provinces may send them provided they do not have adequate facilities.
ARTICLE 19.- The absolute disqualification matters:
1o. The deprivation of employment or public office which was exercised by the
punishable even if it comes from popular election;
2o. The deprivation of the electoral law;
3o. The inability to obtain positions, jobs and public commissions;
4o. The suspension of the enjoyment of all retirement, pension or retirement, civil
or military, whose amount will be perceived by the relatives who have right to
pension.
The court may order, for reasons of welfare, that the victim or the relatives who
were responsible are met up to half of that amount, or it is perceived in its totality,
when the prisoner he has no relatives with right to pension, in both cases up to
integrate the amount of compensation set.
ARTICLE 20.- The special disqualification will result in the deprivation of
employment, job title, profession or right on that falls and the inability to obtain
another of the same gender during his sentence. The special disqualification for
political rights will produce the inability to exercise during the condemns those on
that falls.
Article 20 bis.- special disqualification may be imposed for six months to ten years,
although the death penalty is not expressly provided for, when the offense
committed amount:
1o. Incompetence or abuse in the exercise of a public office or employment;
2o. Abuse in the exercise of parental rights, adoption, guardianship;
3o. Incompetence or abuse in the performance of a profession or activity whose
exercise depend on a permission, license or authorisation of public power.
Article 20b.- The sentenced to absolute disqualification can be returned to the use
and enjoyment of the rights and capacities that was private, if you have behaved
properly during one half of the term of that, or for ten years when the death penalty
was life imprisonment, and has repaired the damage to the extent possible.
The sentenced to special disqualification can be rehabilitated, midway through the
term of her, or five years ago when the penalty is life imprisonment, if he has
behaved correctly, has remedied its incompetence or is not to be feared that incurs
further abuses and, furthermore, has repaired the damage to the extent possible.
When the disqualification imported the loss of a public office or a guardianship, the
rehabilitation does not entail the refitting in the same charges.
For all intents and purposes, in the time of disqualification will not be counted in the
time that the disabled has been a fugitive, boarding school or deprived of his
freedom.
ARTICLE 21.- The fine compel the defendant to pay the amount of money that
determines the judgment, taking into account in addition to the general causes of
article 40, the economic situation of the prisoner.
If the defendant fails to pay the fine in the end that attach the judgment, will suffer
imprisonment not exceeding a year and a half.
The court, before transforming a fine in the corresponding prison, will seek the
satisfaction of the first, making it effective on the goods, salary or other entries of
the condemned. May be authorized to the sentenced to amortize the pecuniary
penalty, using the free work, provided that this occasion for it.
It may also authorize the condemned to pay the fine by installments. The tribunal
shall fix the amount and timing of payments, according to the economic condition of
the condemned.
ARTICLE 22.- At any time that is accommodated the fine, the defendant shall be
released.
The amount will be deducted in accordance with the rules established for the
computation of preventive detention, the proportion to the time of arrest that he
may have suffered.
Article 22 bis.- If the fact has been committed for the purpose of making a profit, you
can be added to the custodial sentence a fine, even when it is not especially
provided for or is this only in alternative way with that. When not scheduled, the
fine shall not exceed ninety thousand pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
ARTICLE 23.- In all the cases in which befalls conviction for offenses under this Code
or in special penal laws, the same shall decide the confiscation of the things that
have served to commit the fact and of the things or profits that are the product or
the benefit of the offense, in favor of the national State, the provinces or
municipalities, except the rights to restitution or compensation of the survivor and
others.
If things are dangerous for our common security, confiscation may be ordered even
though it affects third parties, except the right of these, if they are in good faith, to
be compensated.
When the author or the partners have acted as agents of someone or as bodies,
members, or administrators of a person of ideal existence, and the product or
benefit of crime has benefited from the principal or to the person of ideal existence,
the confiscation will vote against these.
When with the product or the benefit of the offense would have benefited from a
third party free of charge, the confiscation will vote against this.
If the well seized of any value or cultural use for some formal establishment or public
good, the national authority, provincial or municipal respective may arrange for their
delivery to those entities. If this is not the case and had commercial value, that shall
arrange for its disposal. If I didn't have no legal value, it will destroy it.
In the case of sentence imposed by any of the offenses covered by articles 142a or
170 of this Code, it is understood among the goods to confiscate the thing movable
or immovable property where it is kept private to the victim of his freedom.
The confiscated property by reason of such crimes, according to the terms of this
article, and the proceeds from the fines imposed, will be affected to programs of
assistance to the victim.
The judge may adopt from the beginning of the judicial proceedings the
precautionary measures sufficient to ensure the confiscation of the or of the real
estate, business assets, deposits, transport, computer science elements, technical
and communication, and every other good or right on the property which, being of
instruments or related effects or the crimes that are being investigated, the
confiscation presumably may fall.
The same scope may take the precautionary measures to stop the commission of the
crime or its effects, or to avoid to consolidate its advantage or to obtaculizar the
impunity of its participants. In all cases should be subject to the rights of restitution
or compensation of the survivor and third parties
(Article replaced by art. 1° Of the Law Nº 25,815 B. O. 1/12/ 2003)
ARTICLE 24.- The preventive detention will be calculated as follows: two days of pretrial detention, one of imprisonment; for a day of pre-trial detention, one of prison
or two of disqualification or the amount of the fine that the court set forth between
weights and thirty-five pesos and one hundred and seventy five.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
ARTICLE 25.- If during his sentence the prisoner is crazy slay, the time of madness
will be calculated for the execution of the penalty, but this does not alter the
provisions in the third paragraph of paragraph 1 or article 34.
TITLE III
CONDITIONAL LOCKING
ARTICLE 26.- In the cases of first sentence to imprisonment for a term not exceeding
three years, will be faculty of the courts have in the same pronouncement that is in
abeyance the enforcement of the sentence. This decision should be founded, under
penalty of invalidity, in the moral personality of the prisoner, his attitude after the
crime, the motives that led him to commit a crime, the nature of the fact and the
other circumstances that prove the inconveniences to effectively implement the
deprivation of liberty. The court will require the relevant information to form
criterion, since the parties also provide a useful test for this purpose.
Faculty will have the same courts in cases of competition of crime if the penalty
imposed on the defendant not to exceed three years in prison.
No business shall be conditional on the locking of the fines or disqualification.
ARTICLE 27.- The locking will be as pronounced if not within the term of four years,
counted from the date of the final judgment, the condemned not commits a new
crime. If you committed a new offense, the penalty imposed in the first locking and
that you correspond for the second offense, in accordance with the provisions on
accumulation of penalties.
The suspension may be agreed upon for the second time if the new offense has been
committed after eight years from the date of the first strong condemnation. This
period shall be extended to ten years, if both offenses were intentional.
In the cases of judgments on appeal and confirmed, as to the nature of the
conditional sentence, the periods will be calculated from the date of pronouncement
originating.
Article 27 bis.- The conditionally suspend the execution of the sentence, the Court
shall provide that, during a period to be determined between two and four years,
depending on the seriousness of the offense, the convicted person to serve all or any
of the following rules of conduct, both are appropriate to prevent the commission of
new crimes:
1. Establish residency and be submitted to the care of a board of trustees.
2. Refrain from going to certain places or to interact with certain people.
3. Refrain from the use of narcotic drugs or abuse of alcoholic beverages.
4. Attend primary school, if not any accomplished.
5. Carry out studies or practices required for their job training or professional.
6. Undergo a medical or psychological treatment, prior report attesting to their
necessity and effectiveness.
7. Take craft, art, industry or profession, appropriate to their ability.
8. Perform unpaid work in favor of the state or public institutions, outside of your
usual schedule of work.
The rules may be modified by the Court as appropriate to the case.
If the convicted person does not comply with any rule, the Court may order that is
not compute as the deadline for compliance with all or part of the elapsed time until
that time. If the convicted person persists or repeat the failure, the Court may
revoke the conditionality of the sentence. The sentenced person must then meet the
whole sentence of imprisonment imposed on him by the judgment.
(Article incorporated by art. 1 Of the Act No. 24,316 B. O. 19/5/ 1994)
ARTICLE 28.- The suspension of the death penalty does not include the repair of the
damage caused by the offense and the payment of the costs of the trial.
TITLE IV
REPAIR OF DAMAGES
ARTICLE 29.- The conviction may order:
1. The refitting the state prior to the commission of the offense, as soon as possible,
while providing for that purpose the refunds and other necessary measures.
2. Compensation for material and moral damage caused to the victim, his family or
to a third party, noting the amount reasonably by the judge in the absence of full
proof.
3. The payment of costs.
(Article replaced by art. 27 Of Law No. 25,188 B. O. 1/11/1999.)
ARTICLE 30.- The obligation to indemnify is preferred to all upon the responsible
after the crime has been committed, to the execution of the penalty of confiscation
of the product or the benefit of the offense and the payment of the fine. If the assets
of the condemned are not sufficient to cover all your pecuniary responsibilities,
these will be met in the following order:
1. The compensation and damages.
2. The compensation for the costs of the trial.
3. The confiscation of the product or the benefit of the crime.
4. Payment of the fine.
(Article replaced by art. 28 Of the Law No. 25,188 B. O. 1/11/1999.)
ARTICLE 31.- The obligation to repair the damage is solidarity between all those
responsible for the crime.
ARTICLE 32.- The lucrative title that by championing of the effects of a crime, you will
be obliged to repair up to the amount by which it has participated.
ARTICLE 33.- In the event of the insolvency total or partial, will observe the following
rules:
1o. When it comes to sentenced to detention or imprisonment, the repair will be
done in the manner specified in article 11;
2o. When it comes to sentenced to other penalties, the Court pointed out the part
of your entries or emoluments to be deposited regularly until the total payment.
TITLE V
imputability
ARTICLE 34.- are not punishable:
1o. If you have not yet been able at the time of the fact, either by their lack of
powers, by morbid alterations of the same or by the state of unconsciousness, error
or ignorance of fact not attributable, understand the criminality of the act or direct
their actions.
In case of alienation, the court may order the detention of the agent in a lunatic
asylum, but that doesn't go through a judicial decision, after hearing the public
prosecutor and the opinion of experts who declare disappeared the danger that the
sick damage to itself or to the other.
In other cases in which absolviere to a defendant on the grounds of this subsection,
the court shall order the imprisonment of the same in a suitable establishment until
it finds the disappearance of the conditions that made thereto dangerous;
2o. The violated that hideth himself irresistible by physical force or threats to suffer
a serious and imminent evil;
3o. He who causes an evil to avoid greater imminent to another that has been
strange;
4o. The which he hideth himself in fulfilment of a duty or in the legitimate exercise
of the right, authority or charge;
5o. Which he hideth himself in virtue of obedience;
6o. Which hideth himself in self-defense or defense of their rights, provided that in
the following circumstances: (
a) unlawful aggression;
b) rational necessity of the means employed to prevent it or repeal it;
(c) lack of sufficient provocation on the part of the body which it defends.
It is understood that these circumstances exist with respect to the one who during
the night refuses the scaling or fracture of the fences, walls or entries in your house,
or department inhabited or its dependencies, whatever the damage caused to the
aggressor.
Equally in respect of the one who finds a strange inside your home, whenever there
is resistance;
7o. Which he hideth himself in defense of the person or rights of another, provided
that the circumstances a) and (b) of the preceding paragraph and a case of having
preceded by sufficient provocation by the assaulted, that has not participated in the
third ombudsman.
ARTICLE 35.- which has exceeded the limits imposed by law, by the authority or by
the need, will be punished with the death penalty for the offense by the fault or
negligence.
ARTICLE 36.- repealed.
ARTICLE 37.- repealed.
ARTICLE 38.- repealed.
ARTICLE 39.- repealed.
ARTICLE 40.- In the penalties divisible by reason of time or amount, the court will
determine the locking in accordance with the extenuating or aggravating
circumstances particular to each case and in accordance with the rules of the next
article.
ARTICLE 41.- For the purposes of the preceding article, shall be taken into account:
1o. The nature of the action and the means employed to run the application, and
the extent of the damage and danger caused;
2o. Age, education, customs and conduct precedent of the subject, the quality of
the reasons that were determined to commit crimes, especially the misery or the
difficulty of earn a living for themselves and the need of theirs, the participation that
has taken in the fact, the recurrences in that would have been incurred and the
other background and personal conditions, as well as the personal ties, the quality of
the people and the circumstances of time, place, manner and occasion to
demonstrate their greater or lesser danger. The judge must take direct knowledge
and visu of a subject, the victim and the circumstances of the fact to the extent
required for each case.
Article 41 bis - When any of the offenses set forth in this Code is committed with
violence or intimidation against the people through the use of a firearm on the scale
envisaged criminal for the crime in question is increased by one third in its minimum
and at its maximum, which may not exceed the legal maximum for the kind of
punishment.
This aggravating circumstance does not apply when the circumstance referred to in
it is already referred to as a constituent element or calificante of the offense in
question.
(Article incorporated by art. 1 Of the Act No. 25,297 B. O. 9/22/ 2000)
Article 41 ter - The planned penal scales in articles 142a and 170 of this Code may be
reduced by one-third of the maximum, and in half of the minimum with respect to
the venturers or concealers that, during the course of the proceedings or prior to its
inception, provide information to let you know the place where the victim is
deprived of his liberty, or the identity of other participants or conceals the fact, or
any other data that would enable their clarification.
In case of correspond imprisonment or life imprisonment, may be applied
imprisonment or detention for eight (8) to fifteen (15) years.
Only will be able to enjoy this benefit those who have a criminal responsibility less
than that of the people who identify themselves.
(Article incorporated by art. 2° Of the Law No. 25,742 B. O. 20/6/ 2003)
Article 41 c - When any of the offenses set forth in this Code is committed with the
intervention of age of eighteen years of age, the corresponding criminal scale is
increased by one third of the minimum and maximum, respect of the elderly that
they have participated in the same.
(Article incorporated by art. 1 Of the Act No. 25,767 B. O. 1/9/ 2003)
TITLE VI
ATTEMPT
ARTICLE 42.- The one with the purpose of committing a particular crime but does not
consummate it due to circumstances beyond his control, shall be subject to the
penalties specified in article 44.
ARTICLE 43.- The author of attempt will not be subject to penalty when desistiere
voluntarily of the crime.
ARTICLE 44.- The penalty to be the agent, if any commit the offense, shall be
reduced by one third to one half.
If the penalty is life imprisonment, the sentence of the attempt will be imprisonment
of fifteen to twenty years. If the penalty would be life imprisonment, the attempt
will be imprisonment of ten to fifteen years.
If the offense is impossible, the penalty is reduced by half and may reducirsela the
legal minimum or be exempt from it, according to the degree of danger revealed by
the offender.
TITLE VII
CRIMINAL INVOLVEMENT
ARTICLE 45.- those who take part in the execution of the act or pay the author or
authors with an assistance or cooperation without which it would not have been
committed, they will have the maximum punishment for the crime. In the same
penalty shall incur the that determined directly to another to commit it.
ARTICLE 46.- to cooperate in any other way to the execution of the act and those
who provide aid later serving earlier promises to the same, shall be punished with an
appropriate penalty for the crime decreased by one third to one half. If the penalty is
life imprisonment, shall apply detention of fifteen to twenty years and if it be from
life imprisonment, shall apply prison for ten to fifteen years.
ARTICLE 47.- If the particular circumstances of the case it is apparent that the
accused of complicity did not want to cooperate but in fact a less severe than that
committed by the author, the penalty shall be applied to the accomplice only by
reason of the fact that promised run.
If the act is not consummated, the worth of an accomplice should be determined in
accordance with the provisions of this article and to the title of the attempt.
ARTICLE 48.- The relationships, circumstances and personal qualities, which would
have the effect of lowering or exclude the penalty, but will have no influence on the
author or an accomplice to those who apply. Nor will influence those whose effect is
aggravate the penalty, except the case in which they are known by the participant.
ARTICLE 49.- will not be considered participants in the crimes committed by the
press to the people that only enrolled to the author of the written or recorded
material cooperation necessary for its publication, distribution or sale.
TITLE VIII
recidivism
ARTICLE 50.- There will be backsliding always that person who has fulfilled, total or
partially, custodial sentence imposed by a court in the country commits a new crime
punishable also with that kind of punishment.
The condemnation suffered abroad will be taken into account for the recidivism if
has been pronounced by reason of an offense that can, according to Argentine law,
give rise to extradition.
Will not lead to relapse the sentence served for political offenses, the planned
exclusively in the Code of Military Justice, the amnestied or those committed by
minors under eighteen years of age. Suffered The penalty shall not be taken into
account for the effects of the recidivism when since its fulfillment would have
elapsed a term equal to that which was imposed, which never exceed ten nor less
than five years.
ARTICLE 51.- Any official body that perform criminal records refrain from reporting
on data from a process completed by dismissal or acquittal. In no case shall inform
the existence of arrests that did not come from the formation of cause, except that
the reports are required to resolve a habeas corpus or in cases of crimes that may
have been the victim the detainee.
The record of convictions will expire all their effects:
1. After ten years have passed since the judgment (art. 27) For the conditional
sentences;
2. After ten years have passed since its extinction for the other sentences to
imprisonment;
3. After five years after its extinction for sentences to fine or disqualification.
In all cases you must provide the information when except by expressed consent of
the person concerned. In addition, the judges may require information,
exceptionally, by resolution which can only be based on the specific need of the
background as an element of proof of the facts in a judicial process.
The courts shall communicate to the agencies of record the expiration date:
1. When you extinguish the life imprisonment;
2. When you perform the computation of the temporal punishment, whether
conditional or of effective compliance;
3. When it is fully compliant with the penalty of a fine or, in case its replacement by
imprisonment (art. 21, Para. 2 º ), to perform the computation of sentence;
4. When declaring the extinction of the penalties in the cases provided for by articles
65, 68 and 69.
The violation of the prohibition to report will be considered as a violation of secrecy
in the terms of article 157, if the fact does not constitute an offense more severely
punished.
ARTICLE 52.- will be imposed indeterminate detention as an accessory to the last
sentence, when the recurrence is multiple in such a way that the following sentences
mediaren previous:
1. Four custodial sentences, one of them being greater than three years;
2. Five sentences of imprisonment, three years old or younger.
The courts may, by a single time, suspend the application of this measure accessory,
basing its decision expressly in the manner provided for in article 26.
ARTICLE 53.- In the cases of the previous article, five years after the implementation
of the accessory detention, the court issued the last sentence or tax the only penalty
shall be empowered to grant parole, prior to the report of the prison authority, in
arbitration the conditions provided for in article 13, and provided that the
condemned had maintained good conduct, demonstrating skill and habit for the
work, and other attitudes suggesting plausibly that does not constitute a danger to
society. After five years of obtained parole the convicted person may request its
ultimate freedom to the court that granted, which shall decide according to the
result obtained during the test period and prior report of the board of trustees,
institution or person worthy of confidence, which has been the control of the activity
of the released. The sentenced to the imprisonment accessory for an indefinite time
must comply with federal facilities.
The violation on the part of the released of any of the conditions laid down in article
13 may determine the revocation of the agreed profit and their reintegration into
the prison regime above. After five years of their reintegration into the prison
system may be in the cases of the subparagraphs (1 °, 2 °, 3° and 5° of article 13,
again applying his parole.
TITLE IX
CONTEST OF OFFENSES
ARTICLE 54.- When a fact falls under more than one criminal sanction, apply only the
fixes that greater penalty.
ARTICLE 55.- When several independent deeds falling under the same type of
punishment, the applicable penalty shall, as a minimum, the highest minimum and
maximum, the arithmetic sum of the maximum sentences corresponding to the
various facts.
However, this amount may not exceed (50) fifty years of detention or imprisonment.
(Article replaced by art. 1 Of the Act No. 25,928 B. O. 10/9/ 2004)
ARTICLE 56.- When several independent deeds falling under penalties divisible of
detention or imprisonment shall apply the most severe penalty, taking into account
the crimes of lesser penalty.
If any of the penalties is not divisible, shall apply this only, except in the case with life
imprisonment and temporary confinement, in which it
will apply life imprisonment. The disqualification and a fine will apply whenever,
without being subject to the provisions in the first paragraph.
ARTICLE 57.- For the purposes of the preceding article, the relative severity of the
penalties of a different nature is determined by the order in which they are listed in
article 5o.
ARTICLE 58.- The foregoing rules shall also apply in the case that after a conviction by
final judgment to be judged to the same person who is serving sentence for another
fact different; or when they have issued two or more final judgments with violation
of these rules.
It will be for the judge that you applied the greater penalty issue, at the request of a
party, its sole judgment, without altering the statements of facts contained in the
other.
When, for whatever reason the federal justice, in cars in that it has spoken, not be
able to apply this rule, it will do the ordinary justice national or provincial that he
knew of the criminal offense, as the case may be.
TITLE X
EXTINCTION OF ACTIONS AND PENALTIES
ARTICLE 59.- The criminal action shall lapse:
1o. By the death of the accused.
2O. By the amnesty.
3O. Because of the prescription.
4O. From the resignation of the aggrieved party, respect of the offenses of private
action.
ARTICLE 60.- The resignation of the offended person to the exercise of criminal
action only hurt the resigning and their heirs.
ARTICLE 61.- The amnesty shall extinguish the criminal action and it will halt the
conviction and all its effects, with the exception of the compensation owed to
individuals.
ARTICLE 62.- The criminal action is barred during the time limit specified below:
1o. At the age of fifteen, in the case of crimes whose penalty is imprisonment or life
imprisonment;
2o. After the maximum duration of the punishment for the crime, if it is I will try to
facts repressed with detention or imprisonment, and may not, in any case, the term
of the limitation period not exceed twelve years nor lower than two years;
3o. At the age of five, when the case of a fact repressed only with perpetual
disqualification;
4o. The year, when the case of a fact repressed only with temporary
disqualification;
5o. At the end of two years, when I will try to facts repressed with fine.
ARTICLE 63.- The prescription of the action will begin to run from the midnight of the
day that the crime was committed or, if this was continued, in that ceased to be
committed.
ARTICLE 64.- The action for criminal offense punishable by a fine is extinguished in
any state in the instruction and while not the trial has started, by the voluntary
payment of the minimum of the corresponding fine and the repair of the damage
caused by the offense.
If you have started the trial shall be paid the maximum of the corresponding fine, in
addition to repair the damage caused by the offense.
In both cases the defendant must abandon in favor of the state, the objects that
presumably would be seized in case pending sentence.
The mode of extinction of the criminal action referred to in this article may be
admitted for a second time if the new offense has been committed after eight years
from the date of the resolution that had been declared the extinction of the criminal
action in the previous case.
(Article replaced by art. 6° The Law Nº 24,316 B. O. 19/5/ 1994)
ARTICLE 65.- The penalties prescribed in the following terms:
1o. The life imprisonment, at the age of twenty;
2o. Life imprisonment, at the age of twenty;
3o. The temporary detention or imprisonment, in a period equal to the
condemnation;
4o. A fine, two years.
ARTICLE 66.- The prescription of the penalty shall begin to run from the midnight of
the day that I shall notify the offender of the final judgment or from the breakdown
of the conviction, if this has begun to be fulfilled.
ARTICLE 67.- The prescription is suspended in the cases of crimes for whose
judgment is necessary the resolution of previous questions or preliminary ruling,
which are to be settled in another trial. Finished the cause of the suspension, the
prescription continues its course.
The prescription also was suspended in the cases of crimes committed in the
exercise of public functions, to all who participated, while any one of them is playing
a public office.
The course of the prescription of the action corresponding to the criminal offenses
set out in articles 226 and 227 bis, shall be suspended until the restoration of
constitutional order.
The prescription is interrupted only by:
a) The commission of another crime;
(b) The first call made to a person, in the framework of a judicial process, with the
purpose of welcoming you unsworn statement by the crime under investigation;
(c) The accusatory requirement of opening or lifting to trial, conducted in the way it
is established by the procedural legislation corresponding; (
d) The auto of summons to appear in court or procedural act equivalent; and (
e) the dictation of a conviction, although the same is not firm.
(Paragraph replaced by art. 1 Of the Act No. 25,990 B. O. 11/1/ 2005).
The prescription runs, is suspended or interrupted separately for each offense and
for each of its participants, with the exception provided for in the second paragraph
of this article. (Paragraph replaced by art. 1 Of the Act No. 25,990 B. O.
11/1/ 2005).
(Article replaced by art. 29 Of the Law No. 25,188 B. O. 1/11/1999. Validity: from the
eight days of their publication.)
ARTICLE 68.- The pardon of the accused shall extinguish the criminal punishment and
its effects, with the exception of the compensation owed to individuals.
ARTICLE 69.- The pardon of the offended party shall extinguish the penalty imposed
for the crime of those listed in article 73.
If there are several partners, forgiveness in favor of one of them will take advantage
to the other.
ARTICLE 70.- The pecuniary indemnities inherent to penalties, may be effective on
the own property of the condemned, even after his death.
TITLE XI
OF THE EXERCISE OF ACTIONS
ARTICLE 71.- must be initiated ex officio all criminal actions, with the exception of
the following:
1o. Which dependieren private instance;
2o. Private actions.
ARTICLE 72.- actions are dependent on private instance which are born of the
following crimes:
1 º) provided for in articles 119, 120 and 130 of the Penal Code if it is not the death
of the offended person or lesions of the referred to in article 91.
2 º) minor injuries, are malicious or culpable.
However, in cases of this subparagraph shall be ex officio when mediaren reasons of
security or public interest.
3 º) impediment of contact of the minor children with their non-cohabiting parents.
In the case of this article, not you can proceed to form cause but by indictment or
complaint of the victim, guardian, guardian or legal representatives. However, shall
be ex officio when the offense was committed against a minor who has no parents,
guardian or guardian, or that it was by one of his parents, or guardian.
When such exist seriously conflicting interests between some of these and the
minor, the Prosecutor may act on its own when it becomes more convenient to the
best interests of that.
(Article replaced by art. 14 Of Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 73.- are the private actions that are born of the following crimes:
1. Slander and libel;
2. Violation of secret, except in the cases of articles 154 and 157;
3. Unfair concurrency, provided for in article 159;
4. Failure to comply with the duties of family assistance, when the victim is the
spouse.
(Article replaced by art. 1 Of the Act No. 24,453 B. O. 7/3/ 1995)
ARTICLE 74.- . (Article repealed by art. 2° Of the Law No. 24,453 B. O.
7/3/ 1995)
ARTICLE 75.- The action for slander or libel may be exercised only by the offended
and after his death by the spouse, children, grandchildren or surviving parents.
ARTICLE 76.- In all other cases of article 73, shall be confined by lawsuit or complaint
by the injured party or their guardians or legal representatives.
TITLE XII
(Title incorporated by art. 3° Of the Law No. 24,316 B. O. 19/5/ 1994)
of the suspension of the trial to test
ARTICLE 76 bis.- a person charged with a crime of public action punishable by
imprisonment or imprisonment for a maximum of three years, may request the
suspension of the trial to test.
In cases of competition of crime, the defendant may also request the suspension of
the trial to test if the maximum term of imprisonment or imprisonment applicable
not exceeding three years.
At the time of submission of the request, the defendant must offer take charge of
the repair of the damage to the extent possible, without this implying confession or
recognition of civil liability. The judge will decide on the
reasonableness of the offer in resolution founded. The injured party may accept or
not the remedy offered, and in the latter case, if the conduct of the trial suspends,
will have enabled the corresponding civil action.
If the circumstances of the case to suspend the execution of the sentence applicable,
and have consent of the prosecutor, the Court may suspend the conduct of the trial.
If the crime or any of the offenses that make up the competition would be punished
with penalty of a fine apply jointly or alternative with imprisonment, shall be a
condition, in addition, you pay the minimum of the corresponding fine.
The accused must abandon in favor of the state, the property that presumably
would be seized in case pending sentence.
Shall not the suspension of the trial when a public official, in the exercise of their
functions, had participated in the crime.
Nor will the suspension of the trial to test with respect to offenses punishable by
penalty of disqualification.
(Article incorporated by art. 3° Of the Law No. 24,316 B. O. 19/5/ 1994)
Article 76 ter.- The time of the suspension of the trial shall be fixed by the Court
between one and three years, depending on the seriousness of the offense.
The Court shall establish the rules of conduct that must comply with the accused, in
accordance with the provisions of article 27 bis.
During that time will be suspended the prescription of the criminal action.
The suspension of the trial will be rescinded if you later known circumstances that
alter the maximum penalty applicable or estimate about the conditionality of the
execution of the possible sentence.
If during the time fixed by the Court the accused does not commit an offense, repairs
the damage to the extent offered and complies with the rules of conduct laid down,
it will extinguish the criminal action. Otherwise, will be judged and if the accused is
acquitted will be returned to you the property abandoned in favor of the state and
the fine paid, but may not claim the reimbursement of the repairs carried out.
The suspension of a trial to test may be granted for the second time if the new
offense has been committed after eight years from the date of expiry of the term by
which it had been suspended the trial in the above process.
Shall not be permitted a new suspension of judgment in relation to whom had been
breached the rules imposed by a prior suspension.
(Article incorporated by art. 4° Of the Law No. 24,316 B. O. 19/5/ 1994)
Article 76 quater.- The suspension of the trial to test will be inapplicable to this case
the rules of prejudicialness of articles 1101 and 1102 of the Civil Code, and will not
preclude the application of sanctions misdemeanours, disciplinary or administrative
that might correspond.
(Article incorporated by art. 5° Of the Law No. 24,316 B. O. 19/5/ 1994)
Title XIII
(numbering of chapter replaced by art. 2° Of the Law No. 24,316 B. O.
19/5/ 1994)
SIGNIFICANCE OF CONCEPTS USED IN THE CODE
ARTICLE 77.- For the intelligence of the text of this code, it will be kept in mind the
following rules:
The time limits set out in this code refers shall be counted in accordance with the
provisions of Civil Code. However, the release of the sentenced to deprivation of
liberty shall be carried out at noon of the day.
The expression "regulations" or "ordinances", includes all the provisions of a general
nature dictated by the competent authority in the subject-matter.
By the terms "public official" and "public employee", as used in this code, is
designated to all the participating accidental or permanently from the exercise of
public functions, either by popular election or by appointment of competent
authority.
With the word "merchandise", designates all kinds of effects capable of dispensing.
The term "captain", comprises all commander of the vessel or to which it replaces.
The term "crew", comprises all those who are aboard as officers or sailors.
The term "narcotics", includes the narcotic drugs, psychotropic drugs and other
substances capable of causing physical or psychological dependence, which is
included in the lists that are developed and regularly updated by decree of the
National Executive. (Paragraph replaced by art. 40 Of the Law Nº 23,737 B. O. 11/10/
1989)
The term "rural establishment" includes any property that is intended to be used in
breeding, improvement or fattening cattle, activities of tambo, farm or land
cultivation, to poultry or other crianzas, promotion or similar use.
(Paragraph incorporated by art. 1° Of the Law Nº 25,890 B. O. 21/5/ 2004)
ARTICLE 78.- It is covered in the concept of "violence", means the use of hypnotics or
narcotics.
Article 78 bis. - The signature and subscription terms include the digital signature,
the creation of a digital signature or digitally sign. The terms document, instrument
and private certificate include the digital document digitally signed.
(Article incorporated by art. 51 Of the Law No. 25,506 B. O. 14/12/ 2001) from the
second BOOK
OF THE OFFENSES
TITLE I
OFFENSES AGAINST PERSONS
Chapter I
Offenses against life
ARTICLE 79. - Apply detention or imprisonment of eight to twenty-five years, who
kills to another as long as this code failing another penalty.
ARTICLE 80. - Life imprisonment shall be provided in article 52, who kills:
1or to your ascendant, descendant, spouse, knowing they are.
2Or With cruelty, treachery, venom or other insidious procedure.
3Or by price or promise generating.
4Or pleasure, greed, racial or religious hatred.
5Or by a suitable means to create a common danger.
6Or premeditated With the contest of two or more people.
7Or To prepare, facilitate, consummate or hide another crime or to ensure their
results or to achieve impunity for himself or for others or for not having achieved the
end proposed to try another crime.
8° TO a member of the public security forces, police or prison for his role, position or
condition. (Incorporated by art. 1° Of the Law Nº 25,601 B. O. 11/6/ 2002)
9.- abusing their function or post, where an integral member of the security forces,
police or prison service. (Incorporated by art. 1 Of the Act No. 25,816 B. O. 9/12/
2003)
when in the case of the first paragraph of this article, mediaren extraordinary
circumstances of attenuation, the judge may apply imprisonment or detention for
eight to twenty-five years.
ARTICLE 81. - 1Or impose imprisonment of three to six years, or imprisonment from
one to three years:
a) which kills another, still in a state of violent emotion and the circumstances that
made thereto excusable.
b) which, with the intent to cause damage to the body or in the health, produces the
death of any person, when the average employee should not reasonably result in
death.
2Or (repealed by art. 1 Of the Act No. 24,410 B. O. 2/1/ 1995)
Article 82. - When in the case of paragraph 1 or article 80 attends an any of the
circumstances of the paragraph 1 of the preceding article, the penalty will be
imprisonment or imprisonment of ten to twenty years.
ARTICLE 83. - Shall be punished with imprisonment from one to four years, the
person who instigates another person to commit suicide or i will assist you to
commit genocide, if suicide is tempted or fait accompli.
ARTICLE 84. - Shall be punished with imprisonment from six months to five years and
special disqualification, in his case, by five to ten years on that by carelessness,
negligence, incompetence in his art or profession or failure to comply with the
regulations or the duties of his office, causes another to death.
The minimum penalty shall be increased to two years if more than one fatal victims,
or if would have been caused by the reckless driving, negligent, inexperienced, or
illegally of a motor vehicle.
(Article replaced by art. 1 Of the Act No. 25,189 28/10/ 1999)
Article 85. - That causes an abortion will be punished:
1 or with imprisonment or imprisonment of three to ten years, if he hideth himself
without the consent of the woman. This punishment may be raised up to fifteen
years, if the act is followed by the death of the woman.
2Or to imprisonment or imprisonment from one to four years, if the operation was
carried out with the consent of the woman.
The maximum penalty is increased to six years, if the act is followed by the death of
the woman.
ARTICLE 86. - Be liable to the penalties laid down in the previous article and will, in
addition, special disqualification for twice the time that the condemnation of the
doctors, surgeons, midwives or pharmacists who abuse their science or art to cause
an abortion or cooperate to cause it.
The abortion performed by a registered medical practitioner with the consent of the
pregnant woman is not punishable:
1 or if it was done with the objective to avoid a danger to life or health of the mother
and if this danger cannot be avoided by other means.
2Or if the pregnancy is the result of a violation or of an indecent assault committed
on an idiot or demented woman. In this case, the consent of his or her legal
representative is required for the abortion.
ARTICLE 87. - Shall be punished with imprisonment from six months to two years,
with violence causes an abortion without having had the purpose of causing
damage, if the pregnant state of the patient was obvious or known to him.
ARTICLE 88. - Shall be punished with imprisonment from one to four years, the
woman who causes her own abortion or who consents to someone else causing it.
The attempt of the woman is not punishable.
Chapter II
Injury
ARTICLE 89. - Will be liable to imprisonment for a term of one month to one year,
which causes another to, in the body or in the health, damage that is not provided
for in other provisions of this code.
ARTICLE 90. - Shall be imposed confinement or imprisonment from one to six years,
if the injury produces a permanent weakening of the health, of a sense of a body, of
a member or a permanent difficulty of the word or if it has endangered the life of
the victim, he has rendered unfit for work for more than a month, or to have caused
a permanent deformation of the face.
ARTICLE 91. - Shall be imposed confinement or imprisonment of three to ten years, if
the injury produces a mental or physical illness, some or probably incurable, futility
for permanent work, the loss of a sense of a body, of a member of the use of an
organ or member, of the word or the ability to engender or conceive.
ARTICLE 92. - If you attend any of the circumstances listed in article 80, the penalty
shall be: in the case of article 89, of six months to two years; in the case of article 90,
from three to ten years; and in the case of article 91, from three to fifteen years.
ARTICLE 93. - If you attend the circumstances set forth in paragraph 1 or article 81
(a) the penalty shall be: in the case of article 89 of fifteen days to six months; in the
case of article 90, of six months to three years; and in the case of article 91, of one to
four years.
ARTICLE 94. - Will be liable to imprisonment for a term of one month to three years
or a fine of one thousand to fifteen thousand pesos and special disqualification for
one to four years, which by carelessness or negligence, incompetence in his art or
profession, or by failure to comply with the regulations or duties of his office, causes
damage to another's body or health.
If the injuries were those described in articles 90 or 91 and attend some of the
circumstances set forth in the second paragraph of article 84, the minimum penalty
provided for in the first paragraph, shall be six months or a fine of three thousand
pesos and special disqualification for eighteen months.
(Article replaced by art. 2° Of the Law Nº 25,189 28/10/ 1999)
(Fine updated by Act No. 24,286 B. O. 29/12/1993.)
Chapter III
homicide or injury in rina
ARTICLE 95. - When in rina or aggression in that take possesion party more than two
people, it becomes death or injury of the determined in articles 90 and 91,
without without any indication as to who the caused, will be by authors to all that
violence was exercised on the person of the victim and applies detention or
imprisonment of two to six years in case of death and one to four in the event of
injury.
ARTICLE 96. - If the injuries are those provided for in article 89, the penalty shall be
four hundred twenty days' imprisonment.
Chapter IV
Duel
ARTICLE 97. - Which batieren in mourning, with the intervention of two or more
godfathers, seniors, to choose the weapons and settle the other conditions of the
challenge, will be repressed:
1or with imprisonment from one to six months, to not infiriere injury to your
opponent or you only causes an injury of the identified in article 89.
2Or with one to four years of imprisonment, which causes the death of his opponent
or you infiriere injury of the certain in articles 90 and 91.
ARTICLE 98. - The ones that we batieren, without the intervention of godparents,
seniors, to choose the weapons and settle the other conditions of the challenge, will
be repressed:
1or the who kills his opponent, with the penalty specified for the murderer;
2or the that bodily harm, with the penalty specified for the author of injuries;
3or the that no bodily harm, with one month to one year's imprisonment.
ARTICLE 99. - The person who instigates another to cause or to accept a duel and the
one who injures publicly to another by not challenging or by refusing a challenge,
will be repressed:
1 with fine pesos thousand to fifteen thousand pesos if grief is not effected or if
continued, arises not death or injury or injury only within the scope of article 89.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O. 29/12/ 1993)
2 with one to four years of imprisonment, if it causes death or injury of the referred
to in articles 90 and 91.
ARTICLE 100. - Which entails or give cause to a challenge, proposing a pecuniary
interest or other object immoral, will be punished:
1or with one to four years of prison if the grief doesn't or if effected, it becomes
apparent death or injury.
2 With imprisonment or imprisonment of three to ten years, if grief is effected and
causes injury;
3 with imprisonment or imprisonment of ten to twenty years, if the death arises.
ARTICLE 101. - The combatant that remainder, in damage to his opponent, to the
conditions set by the sponsors, will be punished:
1 or to imprisonment or imprisonment of three to ten years, if bodily harm to his
opponent.
2Or to imprisonment or imprisonment of ten to twenty years, if you caused the
death.
ARTICLE 102. - The godfathers of a duel that usein any gender of treachery in the
implementation of the same, shall be punished with the penalties mentioned in the
previous article, according to irrespective of the consequences which may prove.
ARTICLE 103. - When the godparents concertaren a duel to the death or under such
conditions that availing himself of them result in the death, shall be punished with
imprisonment or imprisonment from one to four years, if i will check with the death
of one of the combatants. If not i will check with the death of any of them, the
penalty is a fine pesos thousand to fifteen thousand pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O. 29/12/ 1993)
Chapter V
weapons abuse
ARTICLE 104. - Shall be punished with one to three years' imprisonment, which
disparare a firearm against a person without getting injured.
This penalty shall apply even if it causes injury to that appropriate lesser penalty,
provided that the fact no amount a more serious offense.
Shall be punished with imprisonment of fifteen days to six months, the aggression
with any weapon, even if not wound is caused.
ARTICLE 105. - If you attend any of the circumstances provided for in articles 80 and
81, paragraph 1, subparagraph (a), the penalty will increase or decrease in a third
respectively.
Chapter VI
abandonment of people
ARTICLE 106.- which endangers the health or life of another, either by placing it in
distress, is leaving to their fate to a person who is incapable of reliance and the need
to keep or care for, or to the that the same author has been incapacitated, shall be
punished with imprisonment from 2 to 6 years.
The penalty is imprisonment or imprisonment of 3 to 10 years, whether as a result of
abandonment becomes serious damage in the body or the health of the victim.
If whichever comes the death, the penalty shall be from 5 to 15 years' imprisonment
or imprisonment.
(Article replaced by art. 2° Of the Law No. 24,410 B. O. 2/1/ 1995)
Article 107.- The maximum and the minimum of the penalties provided in the
preceding article, shall be increased by one third when the offense is committed by
parents against their children and by these against those or by the spouse.
(Article replaced by art. 1 Of the Act No. 24,410 B. O. 2/1/ 1995)
Article 108. - Shall be punished by a fine of seven hundred pesos to twelve thousand
five hundred pesos the who, finding lost or helpless to a less than ten years or to a
person wound or invalid or threatened with a danger any; omits provide the
necessary relief, when may do so without personal risk or not immediately give
notice to the authority.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
TITLE II
OFFENSES AGAINST THE HONOR
ARTICLE 109. Calumny or false accusation of a crime that the public action, shall be
punished with imprisonment from one to three years.
ARTICLE 110. - Anyone who injures another person's honor or, shall be punished by a
fine of one thousand five hundred pesos to ninety thousand pesos or imprisonment
for a term of one month to one year.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 111. - The accused only insult may prove the truth of the imputation in the
following cases:
1or if the charge has had to defend or ensure a current public interest.
2Or if the fact attributed to the offended person, has given rise to a criminal process.
3Or if the complainant requests proof of the charge against him.
In these cases, if it proves the truth of the allegations, the accused shall be exempt
from punishment.
ARTICLE 112. - A person guilty of slander or insult mistaken or covert that refuses to
give in trial satisfactory explanations on it, will suffer from the minimum to half of
the penalty for slander or insult manifests itself.
ARTICLE 113. - Which publishes or reproduces insults against, by any means, libel or
slander inferred by another, shall be punished as the author of the libel or slander in
question.
ARTICLE 114. - When the libel or slander has been spread by the media, in the capital
and national territories, its authors shall be subject to the penalties of this code and
the judge or court order, if so requests the offended, that editors inserted into the
respective printed or newspapers, at the expense of the guilty, the sentence or
satisfaction.
ARTICLE 115. - The libel proffered by litigants, attorneys or advocates, in the
writings, speeches or reports produced by the courts and not given to advertising,
shall be subject only to the appropriate disciplinary corrections.
ARTICLE 116. - When the insults are reciprocal, the court may, depending on the
circumstances, exempt from penalty to the two parties or some of them.
ARTICLE 117. - The guilty of libel or slander against an individual or association, shall
be exempt from punishment, if it is publicly retract, before you answer the
complaint or in the act of doing so.
Article 117 bis .1 °. Shall be punished with imprisonment for a period of one month to two years to
insert or would insert knowingly false data to a file of personal data.
2 °. The penalty shall be six months to three years, which will provide to a third
party knowingly false information contained in a file of personal data.
3 °. The criminal scale shall be increased by one half of the minimum and maximum,
when harm to any person.
4 °. When the author or is responsible for the illicit public official in the exercise of
their functions, you will be charged an additional penalty of disqualification from
public office for double the time that the conviction.
(Article incorporated by art. 32 Of Law No. 25,326 B. O. 2/11/ 2000)
TITLE III
OFFENSES AGAINST SEXUAL INTEGRITY
(heading title replaced by art. 1 Of the Act No. 25,087 B. O. 5/14/ 1999)
(Note Infoleg: Chapter I and its heading: adultery, repealed by art. 3° Of the Law No.
24,453 B. O. 7/3/ 1995)
Article 118.- (Article repealed by art. 4° Of the Law No. 24,453 B. O.
7/3/ 1995)
Chapter II,
Article 119. - Shall be punished with imprisonment or imprisonment from six months
to four years to overstep the sexually of person of one sex or the other when, this
was under the age of thirteen years or when committal orders violence, threat,
coercion or abuse of intimidating a relationship of dependency, of authority, or
power, or taking advantage of the fact that the victim for any cause has not been
able to freely consent to the action.
The penalty is four to ten years' imprisonment or imprisonment when the abuse by
its duration or circumstances of his realization, has configured a seriously outrageous
sexual subjection to the victim.
The penalty will be six to fifteen years' imprisonment or imprisonment when
mediating the circumstances of the first paragraph has carnal access by any route.
In the assumptions of the two preceding paragraphs, the penalty shall be from eight
to twenty years of imprisonment or imprisonment if:
a) it becomes a serious damage in the physical or mental health of the victim;
(b) The act is committed by ascendant, descendant, related in a straight line,
brother, tutor, curator, minister of any cult, recognized or not, responsible for the
education or of the saved;
(c) The author has detailed knowledge of being a carrier of a sexually transmitted
disease grave, and has been a risk of contagion; (
d) The act is committed by two or more people, or with weapons; (
e) The act is committed by personnel belonging to the police or security, on the
occasion of their functions;
f) The act was committed against a child under eighteen years, taking advantage of
the existing situation of living with the same.
In the course of the first paragraph, the penalty is three to ten years' imprisonment
or imprisonment if the circumstances of the subparagraphs (a), (b), (d), (e) or (f) ."
(Article replaced by art. 2° Of the Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 120 - shall be punished with imprisonment or detention for three to six
years, the which i shall make some of the measures provided for in the second or the
third paragraph of article 119 with a person under the age of sixteen years, taking
advantage of his sexual immaturity, because of the age of majority of the author, his
relation of precedence over the victim, or other circumstances equivalent, provided
that it is not a crime more severely punished.
The penalty is imprisonment or detention for six to ten years if committal orders any
of the circumstances set out in subparagraphs (a), (b), c), (e) or (f) of the fourth
paragraph of article 119
(Article replaced by art. 3° Of the Law No. 25,087 B. O. 5/14/ 1999)
Article 121. - . (Article repealed by art. 4° Of the Law No. 25,087 B. O.
5/14/ 1999)
Article 122. - (Article repealed by art. 4° Of the Law No. 25,087 B. O.
5/14/ 1999)
Article 123. - (Article repealed by art. 4° Of the Law No. 25,087 B. O.
5/14/ 1999)
Article 124. - Shall be imposed imprisonment or life imprisonment, when in the cases
of articles 119 and 120 should result in the death of the person offended.
(Article replaced by art. 1 Of the Act No. 25,893 B. O. 26/5/ 2004)
Chapter III
ARTICLE 125. - Which promote or facilitate the corruption of minors under eighteen
years, even with the consent of the victim shall be punished with imprisonment or
imprisonment of three to ten years.
The penalty will be six to fifteen years' imprisonment or imprisonment where the
victim was less than thirteen years.
Whatever the age of the victim, the penalty will be imprisonment or imprisonment
of ten to fifteen years, when with deception, violence, threat, abuse of authority or
any other means of intimidation or coercion, as also if the author outside ascendant,
spouse, brother, guardian or person cohabitee or responsible for his education or
saves.
(Article replaced by art. 5° Of the Law No. 25,087 B. O. 5/14/ 1999)
Article 125 bis - that promote or facilitate the prostitution of children under eighteen
years, even with the consent of the victim shall be punished with imprisonment or
imprisonment for a term of four to ten years.
The penalty will be six to fifteen years' imprisonment or imprisonment where the
victim was less than thirteen years.
Whatever the age of the victim, the penalty will be imprisonment or imprisonment
of ten to fifteen years, when with deception, violence, threat, abuse of authority or
any other means of intimidation or coercion, as also, if the author was ascendant,
spouse, brother, guardian or person cohabitee or responsible for his education or
saves.
(Article incorporated by art. 6° The Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 126 - shall be punished with imprisonment or imprisonment for a term of
four to ten years ago, the fact that for profit or to satisfy the desires of others
promote or facilitate the prostitution of over eighteen years of age by mediating
deceit, abuse of a relationship of dependency or power, violence, threat or any other
means of intimidation or coercion."
(Article replaced by art. 7° Of the Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 127 - shall be punished with imprisonment of three to six years to complete,
the reallocated economically that the exercise of the prostitution of a person,
mediating deception, coercion or abuse of intimidating a relationship of
dependency, of authority, power, violence, threat or any other means of
intimidation or coercion.
(Article replaced by art. 8 Of Law No. 25,087 B. O. 5/14/ 1999)
Article 127 bis. - Which promote or facilitate the entry to or exit from the country of
less than 18 years to engage in prostitution, shall be punished with imprisonment or
imprisonment of 4 to 10 years. The penalty will be six to fifteen years' imprisonment
or imprisonment when the victim is less than thirteen years. Whatever the age of
the victim, the penalty will be imprisonment or imprisonment for 10 to 15 years
when committal orders deception, violence, threat, abuse of authority or any other
means of intimidation or coercion, as also if the author was ascendant, spouse,
brother, guardian or person cohabitee or responsible for their education or saves.
(Article replaced by art. 16 Of Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 127ter. - Which promote or facilitate the entry to or exit from the country of
a person older than 18 years for engaging in prostitution mediating deceit, violence,
threat, abuse of authority or any other means of intimidation or coercion, shall be
punished with imprisonment or imprisonment of three to six years.
(Article incorporated by art. 17 Of Act No. 25,087 B. O. 5/14/ 1999)
ARTICLE 128 - shall be punished with imprisonment from six months to four years
which produces or i will publish pornographic images in advocated displaying age of
eighteen years, the same as the one that i will organize live shows with pornographic
scenes in that discouraged such minors.
The same penalty shall apply to any person who distributes pornographic images
whose external characteristics makes clear that in them has been recorded or
photographed the exhibition of children under the age of eighteen years of age at
the time of the creation of the image.
Shall be punished with imprisonment for a term of one month to three years who
facilitates access to pornographic performances or furnish pornographic material to
minors fourteen years."
(Article replaced by art. 9° Of the Law No. 25,087 B. O. 5/14/ 1999)
ARTICLE 129 - shall be punished with a fine of one thousand to fifteen thousand
pesos which implements or you would run by other acts of obscene exhibition views
exposed to be involuntarily by third parties.
If the affected were under the age of eighteen years, the penalty shall be a term of
imprisonment of six months to four years. This will also be true, irrespective of the
will of the person affected, when the case of a girl under the age of thirteen.
(Article replaced by art. 10° From
http://infoleg.mecon.gov.ar/scripts1/busquedas/cnsnorma.asp?tipo=Ley&nro=
2508 7Law No. 25,087 B. O. 5/14/ 1999)
(Note Infoleg: fine previously updated by art. 1 Of the Act No. 24,286 B. O. 29/12/
1993)
Chapter IV
Article 130 - shall be punished with imprisonment from one to four years, which
sustrajere retuviere or to a person by means of force, intimidation or fraud, with the
intent to disrupt their sexual integrity.
The penalty shall be six months to two years, in the case of a person under the age
of sixteen years, with his consent.
The penalty shall be from two to six years if sustrajere or retuviere through force,
intimidation or fraud to a person under the age of thirteen years, with the same
purpose.
(Article replaced by art. 11° Of the Law No. 25,087 B. O. 5/14/ 1999)
Article 131. - (Article repealed by art. 12 Of Law No. 25,087 B. O.
5/14/ 1999)
Chapter V
ARTICLE 132. - In the offenses referred to in articles 119: 1 °, 2 °, 3or paragraphs,
120: 1or paragraph 130 and the victim may call upon the exercise of a public criminal
action with the advice or representation of official institutions or nonprofit private
protection or assistance to victims. If it is the greater of sixteen years shall propose a
compromise with the accused. The Court may exceptionally to accept the proposal
has been made freely and in conditions of full equality, when, in consideration to the
special and existing proven affective relationship, consider that it is a more equitable
way to harmonize the conflict with better stewardship of the interest of the victim.
In such case the criminal action shall be extinguished; or in the same course may also
provide for the application to the case of the provisions of articles 76 b and 76 c of
the Penal Code.
(Article replaced by art. 15 Of Law No. 25,087 B. O. 5/14/ 1999)
Article 133. - The ascendants, descendants, spouses, related in a straight line,
brothers, guardians and any person who abuses a relationship of dependence, of
authority, of power, trust, or commissioned, cooperate to the perpetration of the
offenses covered under this title shall be punished by the authors.
(Article replaced by art. 13 Of Law No. 25,087 B. O. 5/14/ 1999)
(Note Infoleg: headings of chapters II, III, IV and V repealed by art. 1 Of the Act No.
25,087 B. O. 5/14/ 1999)
TITLE IV
CRIMES AGAINST THE STATE CIVIL
Marriages illegal Chapter I
Article 134. - Shall be punished with imprisonment from one to four years, which
who marry knowing both that there is no impediment to cause its absolute nullity.
ARTICLE 135. - Shall be punished with imprisonment from two to six years:
1o. Which marries when, knowing that there is no impediment to cause its absolute
nullity, conceal this fact to the other spouse;
2o. The deceiving a person, simulare marriage with her.
ARTICLE 136. - The public official who knowingly permits setting a marriage of the
covered in the preceding articles, will suffer, in your case, the penalty they
determine.
If authorizes him to do so without knowing it, when his ignorance comes from not
having filled the requirements prescribed by law for the celebration of the marriage,
the penalty is a fine of seven hundred and fifty pesos to twelve thousand five
hundred and special disqualification for six months to two years.
Will suffer fine of seven hundred and fifty pesos to twelve thousand five hundred
pesos the public official that, outside of the other cases of this article, appropriate to
the celebration of a marriage without having observed all the formalities required by
law.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 137. - The same penalty shall apply to any legitimate representative of child
molestation that giveth the consent for the marriage of the same.
Chapter II
Deletion and assumption of the marital status and identity of the
Article 138.- apply imprisonment of 1 to 4 years to that, by any act, renders
uncertain, modifies or abolishes the marital status of another.
(Article replaced by art. 5° Of the Law No. 24,410 B. O. 2/1/ 1995)
Article 139.- will be liable to imprisonment for a term of 2 to 6 years:
1. To the woman who fingiere pregnancy or childbirth to give your course child rights
that do not apply to you.
2. To which, by any act, renders uncertain, modifies or abolishes the identity of a
child of 10 years, and that what retuviere or hide.
(Article replaced by art. 6° The Law No. 24,410 B. O. 2/1/ 1995)
Article 139 bis - shall be punished with imprisonment or imprisonment of 3 to 10
years, which facilitates promote or in any way intermediare in the perpetration of
the offenses covered by this Chapter, has been mediated or not generating price or
promise or exercised threat or abuse of authority.
Liable to the penalties set forth in the previous paragraph and suffer, in addition,
special disqualification for twice the time that the conviction, the public official or
health professional who commits any of the conduct set forth in this Chapter.
(Article incorporated by art. 7° Of the Law No. 24,410 B. O. 2/1/ 1995)
CRIMES AGAINST FREEDOM
Chapter I
Offenses against the freedom of the individual
ARTICLE 140. - Shall be punished with imprisonment or imprisonment of three to
fifteen years, which reduces a person to servitude, or similar to another condition
and that the receives in such condition to keep it in it.
ARTICLE 141. - Shall be punished with imprisonment or detention for six months to
three years; which illegally detains another one of his personal liberty.
ARTICLE 142. - Apply imprisonment or detention for two to six years, which detains
another one of his personal liberty, when any of the following circumstances:
1. If the act was committed with violence or threats or for religious purposes or for
revenge;
2. If the act was committed in the person of an ascendant, a brother or sister, spouse
or another individual to be supplicated particular respect;
3. If it becomes severe damage to the person, to the health or to the business of the
offended, provided that the fact not imported another offense for which the law to
impose greater punishment;
4. If the act was committed by simulating public authority or public order of
authority;
5. Whether the deprivation of liberty longs more than a month.
Article 142 bis. - Will be liable to imprisonment or imprisonment of five (5) to fifteen
(15) years, to which sustrajere, retuviere or hide a person in order to oblige the
victim or a third party, to do, do, or tolerate something against their will. If the
author obtains its purpose, the minimum penalty shall be increased to eight (8)
years.
The penalty shall be ten (10) to twenty (25) years of imprisonment or detention:
1. If the victim was a woman pregnant; a child under eighteen (18) years of age; or a
more than seventy (70) years of age.
2. If the act was committed in the person of an ascendant; a brother; of a spouse or
partner; or of another individual to be supplicated particular respect.
3. If is caused to the victim serious or very serious injuries.
4. When the victim is a person with a disability, sick or that cannot fend for itself.
5. When the agent is an official or public employee; or belongs or has belonged to
any security force or intelligence agency of the State.
6. When participating in the fact three (3) or more persons.
The penalty shall be fifteen (15) to twenty (25) years in prison to imprisonment if the
fact will be the death of the offended person, as a consequence not willed by the
author.
The penalty will be imprisonment or imprisonment for life, if intentionally caused the
death of the person offended.
The penalty of the participant, dissociating themselves from the others, they will
endeavor so that the victim regain the freedom, without which such a result would
be the consequence of the achievement of the purpose of the author, will be
reduced by one third to one half.
(Article replaced by art. 3° Of the Law No. 25,742 B. O. 20/6/ 2003)
Article 143. - Shall be punished with imprisonment or imprisonment from one to
three years and special disqualification by double time:
1o. The official who retained a detainee or prisoner, whose looseness has because
enacting or run;
2o. The official who entertain unduly the detention of a person, without making it
available for the competent judge;
3o. The official who incomunicare unduly to a detainee;
4o. The head of prison or other penal establishment, or to replace, which received
some reo without witness of the final judgment in which has been imposed the
sentence or the donning of the establishment in places other than those listed to the
effect;
5o. The warden or employee of the prisons of detainees and security that receives a
prisoner without an order from the competent authority, except in the case of
flagrante delicto;
6o. The competent official that taking news of an illegal detention omits, who
refrains from ruling or refuses to make Caesar or to give an account to the authority
that must be resolved.
ARTICLE 144. - Where, in the cases of the previous article attend any of the
circumstances listed in subparagraphs 1, 2, 3 and 5 of article 142, the maximum of
the custodial sentence shall be increased to five years.
Article 144 bis. - Shall be punished with imprisonment or detention of one to five
years and special disqualification for twice the time:
1. A public official who, with abuse of their functions or without the formalities
prescribed by law, to deprive any of your personal freedom;
2. The official who play an act of service committed any vexation against persons or
apply them illegal harassment;
3. The public official who imposed the prisoners to save, severities, vexation, or
unlawful use.
If you attend any of the circumstances listed in subparagraphs 1, 2, 3 and 5 of article
142, the imprisonment of their liberty shall be of detention or imprisonment of two
to six years.
ARTICLE 144ter.- 1. Shall be punished with imprisonment or imprisonment from
eight to twenty-five years and absolute disqualification and perpetuates the public
official who imposed to people, legally or illegally deprived of their freedom, any
kind of torture.
It is immaterial whether the victim is legally in charge of the official, sufficient that
this note on the power of fact.
Same penalty shall be imposed on individuals who carry out these facts.
2. If with reason or occasion of torture should result in the death of the victim, the
sentence of imprisonment shall be imprisonment or life imprisonment. If it causes
some of the injuries laid down in article 91, the sentence of imprisonment shall be
imprisonment or imprisonment of ten to twenty years.
3. By torture means not only the physical torture, but also the imposition of
psychological suffering, when they have sufficient gravity.
Article 144 quater. - 1O. Will be liable to imprisonment for a term of three to ten
years in advance of the official forgot that prevent the commission of any of the
facts of the previous article, when it had competence to do so.
2O. The penalty shall be from one to five years in prison for the officer who by
reason of their functions take knowledge of the commission of any of the facts of the
previous article and, lacking the competence referred to in the preceding paragraph,
Mr. Tuerk denounce within twenty-four hours before the official, public prosecutor
or judge. If the officer were a medical doctor will also be imposed, in addition,
special disqualification for the exercise of their profession by double time of
imprisonment.
3O. The penalty provided for in subparagraph 1 of this article the judge that, taking
knowledge by reason of its function of any of the acts referred to in the preceding
article, not instruyere summary or not divulge the fact to the competent judge
within twenty-four hours.
4O. In the cases provided for in this article, shall be imposed, in addition, special
disqualification life imprisonment to serve in public office. The debarment shall
include having or carrying weapons of any kind.
ARTICLE 144 fifth.- If it were to run the fact laid down in article 144 third party, will
be liable to imprisonment for a term of six months to two years and special
disqualification from three to six years to the officer in charge of the distribution,
establishment, department, unit or any other agency, if the circumstances of the
case allow you to establish the fact that had not been committed to having received
the proper surveillance or taken the necessary care by that official.
ARTICLE 145. - Shall be punished with imprisonment from two to six years, which
entails a person outside the borders of the Republic, with the purpose of submitting
it illegally to the power of another or mobilise it in a foreign army.
Article 146.- will be punished with imprisonment or detention for 5 to 15 years, that
sustrajere to a minor under 10 years of the power of their parents, guardian or
person in charge of it, and that what retuviere or hide.
(Article replaced by art. 8 Of Law No. 24,410 B. O. 2/1/ 1995)
Article 147. - The same penalty shall be imposed on that, and is responsible for the
person of a minor (under the age of ten years, do not submit it to the parents or
guardians who so request or does not give satisfactory reason for his disappearance.
ARTICLE 148. - Shall be punished with imprisonment from one month to one year,
the person who induces a more than ten years and less than fifteen, to escape from
the house of their parents, guardians or other persons responsible for the person.
ARTICLE 149. - Shall be punished with imprisonment from one month to one year,
which hide to the investigations of the justice or the police, to a less than fifteen
years that it has been subtracted to the authority or saved to that it was legally
subject.
The penalty shall be six months to two years, if the child does not take ten years.
Article 149 bis. - Shall be punished with imprisonment from six months to two years
which makes use of threats to frighten or to frighten one or more persons. In this
case, the penalty shall be one to three years in prison if weapons used or if the
threats are anonymous. Shall be punished with imprisonment or detention for two
to four years which makes use of threats with the purpose to force another to do,
does not make or tolerate something against their will.
ARTICLE 149ter. - In the case of the last paragraph of the preceding article, the
penalty shall be: (
1) three to six years' imprisonment or detention if is used weapons or if the threats
are anonymous; (2) of five to ten years in prison or confinement in the following
cases: (
a) If the threats despise purpose is to obtain some measure or concession on the
part of any member of the public powers;
(b) If the threats[ing] the purpose as to compel a person to make abandonment of
the country, of a province or of the places in your habitual residence or work.
Chapter II
violation of
article 150 home. - Shall be punished with imprisonment from six months to two
years, if not another crime proves more severely punished, that goeth in the
dwelling or business outside, in their offices or in the compound inhabited by
another, against the express wishes or alleged anyone who is entitled to exclude it.
ARTICLE 151. - Shall be imposed the same penalty and disqualification from six
months to two years, the public servant or agent of the authority that enters a
dwelling without the formalities prescribed by law or outside of the cases that it
determines.
ARTICLE 152. - The provisions of the preceding articles shall not apply to that go into
the sites expressed, to avoid a serious evil to himself, to the inhabitants or to a third
party, nor to which he fails to do so to fulfill a duty to humanity or render assistance
to justice.
Chapter III
Violation of secrets
ARTICLE 153. - Shall be punished with imprisonment of fifteen days to six months,
that openeth the unduly a letter, a sealed package or a telegraph office, by
telephone or from another nature that you are not directed; or is unduly apoderare
of a letter, a statement, a dispatch or another private paper, although is not closed;
or abolishes or will go out of their destination a correspondence that is not
addressed.
You will be charged one month to one year's imprisonment, if the guilty will revert to
another or upload the contents of the letter, written or dispatch.
ARTICLE 154. - Shall be punished with imprisonment from one to four years, the
postal service employee who abused his employment, apoderare of a letter, a
statement, a telegram or another piece of correspondence, servitude of his content,
hand or i will pass them on to other than the addressee, the abolishes, conceal or
reschedule its text.
ARTICLE 155. - The who, being in possession of a correspondence not intended for
advertising, doeth publish unduly, although has been directed to the, shall be
punished by a fine of one thousand five hundred pesos to ninety thousand pesos, if
the fact causes or may cause harm to others.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O. 29/12/ 1993)
Article 156. - Shall be punished by a fine of one thousand five hundred pesos to
ninety thousand pesos and special disqualification, in his case, by six months to three
years, the that taking news, by reason of its status, occupation, employment,
profession or art, of a secret whose disclosure could cause harm, it will reveal them
without just cause.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 157. - Shall be punished with imprisonment from one month to two years and
special disqualification for one to four years the public official who reveal facts,
performances or documents that by law must be secrets.
Article 157 bis. -Shall be punished with imprisonment for a period of one month to
two years:
1 °. TO knowingly and unlawfully, or violating systems privacy and data security,
complies, of any form, to a bank of personal data;
2 °. Will reveal them to other information recorded on a bank of personal data
whose secret he was duty-bound to preserve by provision of the law.
When the author is a public officer shall be liable, in addition, special disqualification
penalty of one to four years
(Article incorporated by art. 32 Of Law No. 25,326 B. O. 2/11/ 2000)
Chapter IV
Offenses against the freedom of association work and
article 158. - Shall be punished with imprisonment from one month to one year; the
worker who coerces violence on another for compelerlo to take part in a strike or
boycott. The same penalty shall be imposed the pattern, employer or employee
who, by itself or on behalf of someone, he exercises coercion to compel another to
take part in a lock-out and to leave or enter into a workers' or employers' society
determined.
ARTICLE 159. - Shall be punished by a fine of two thousand five hundred pesos to
thirty thousand pesos, which, by fraudulent machinations, malevolent suspicions or
any unfair means of propaganda, i will try to divert, for their benefit, the clientele of
a industrial or commercial establishment.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter V
crimes against freedom of meeting
ARTICLE 160. - Shall be punished with imprisonment of fifteen days to three months,
the surrender or materially turbare a lawful gathering, with insults or threats to the
speaker or to the organizer of the event.
Chapter VI
Offenses against the freedom of the press
article 161. - Will suffer imprisonment from one to six months, which impedes or
disturbs the free circulation of a book or newspaper.
TITLE VI
CRIMES AGAINST PROPERTY
Chapter I
Theft
ARTICLE 162. - Shall be punished with imprisonment from one month to two years,
the apoderare unlawfully deprived of a movable thing, total or partially employed.ARTICLE 163. - Apply one to six years' imprisonment in the following cases:
1 or when the theft is of separate products of the soil or of machines, instruments of
labor or of agrochemicals, fertilizers or other similar inputs, left on the field, or wires
or other elements of the fences.
(Replaced by art. 2° Of the Law Nº 25,890 B. O. 21/5/ 2004)
2or when the theft was committed on the occasion of a fire, explosion, flood,
shipwreck, railway accident, riot or mutiny or taking advantage of the facilities from
any disaster or public outcry or of a particular misfortune survivor;
3or when it does happen use pick, key false or other similar instrument or true key
that has been subtracted from, found or retained; (replaced by art. 1 Of the Act No.
24,721 B. O. 18/11/ 1996)
4th When stand staunchly with scaling.
5Or when the theft was of goods or other things furniture transported by any means
and commits between the time of loading and your destination or delivery, or during
the scales that are effected. . (Incorporated by art. 1 Of the Act No. 23,468 B. O.
26/1/ 1987)
6or whatever when the theft of vehicles left on the track or in public places of public
access. . (Incorporated by art. 1 Of the Act No. 24,721 B. O.
18/11/ 1996)
Article 163 bis - In the cases set forth in this Chapter, the penalty is increased by a
third in its minimum and at its maximum, when the one who commits the offense
was an integral member of the security forces, police or prison service.
(Article incorporated by art. 2° Of the Law No. 25,816 B. O. 9/12/ 2003)
Chapter II
Theft
ARTICLE 164. - Shall be punished with imprisonment from one month to six years,
the apoderare unlawfully deprived of a movable thing, total or partially employed,
with force in the things or with physical violence to people, whether that violence
takes place before the theft to facilitate this, in the act of committing it or after it
was committed to pursue their impunity.
ARTICLE 165. - Shall be imposed confinement or imprisonment of ten to twenty
years, whether with reason or occasion of the theft becomes a homicide.
ARTICLE 166. -Apply detention or imprisonment of five to fifteen years:
1. If by the violence carried out in order to carry out the theft, it causes some of the
injuries provided for in articles 90 and 91.
2. If the theft was committed with weapons, or in a remote area and band.
If the weapon used outside of fire, the penalty provided for is increased by one third
in its minimum and at its maximum.
If it commits robbery with a firearm whose fitness for the shot could not be taken in
any way by accredited, or with a weapon of props, the penalty is three to ten years'
imprisonment or imprisonment.
(Article replaced by art. 1 Of the Act No. 25,882 B. O. 26/4/ 2004)
Article 167. - Shall apply detention or imprisonment of three to ten years:
1o. If it commits the outright theft;
2o. If committed in places and villages in band;
3o. If whoever commits theft with drilling or fracture of wall, fence, ceiling or floor,
door or window of a place inhabited or outbuildings;
4o. If you attend any of the circumstances listed in article 163.
Article 167 bis - In the cases set forth in this Chapter, the penalty is increased by a
third in its minimum and at its maximum, when the person commits the offense was
an integral member of the security forces, police or prison service.
(Article incorporated by art. 3° Of the Law No. 25,816 B. O. 9/12/ 2003)
Chapter 2 bis: Cattle rustling
(Chapter incorporated by art. 3° Of the Law No. 25,890 B. O. 21/5/ 2004)
Article 167 ter.- shall be punished with imprisonment of two (2) to six (6) years
which apoderare unlawfully deprived of one (1) or more heads of cattle more or less,
total or partially alien, that he finds himself in rural establishments or, on the
occasion of his transport, from the time of loading to the time of their destination or
delivery, including the scales that are carried out during the journey.
The penalty shall be three (3) to eight (8) years in prison if the cattle rustling is five
(5) or more heads of cattle more or less and I will use a motorised means for
transportation.
(Article incorporated by art. 3° Of the Law No. 25,890 B. O. 21/5/ 2004)
Article 167 quater.- apply detention or imprisonment for a term of four (4) to ten
(10) years when in the cattle rustling attend any of the following circumstances:
1.- The seizure is effected under the conditions laid down in article 164.
2.- Any meddling with, suprimieren or falsificaren marks or signals used for the
identification of an animal.
3.- falsificaren or usedin certificates of acquisition, transit guides, tickets for mark or
sign, or equivalent documentation, false.
4.- I will participate in the fact a person who engages in the breeding, care,
slaughtering, processing, marketing or transportation of livestock or products or byproducts of animal origin.
5.- I will participate in the fact a public official who, violating the duties of their office
or abusing their functions abets directly or indirectly its commission.
6.- abet in the fact THREE (3) or more persons.
(Article incorporated by art. 3° Of the Law Nº 25,890 B. O. 21/5/ 2004)
ARTICLE 167 quinque.- In the event of a conviction for an offense under this Chapter,
the guilty, if is a public official or personal latter satisfies the conditions described in
article 167 paragraph 4 c, will suffer, in addition, special disqualification for double
the time of the conviction.
In all cases provided for above shall also be imposed together a fine equivalent to
two (2) to ten (10) times the value of the cattle stolen".
(Article incorporated by art. 3° Of the Law No. 25,890 B. O. 21/5/ 2004)
Chapter III
Extortion
ARTICLE 168. - Shall be punished with imprisonment or imprisonment of five to ten
years ago, the fact that with the use of intimidation or simulating public authority or
false in the same order to compel another to deliver, send, deposit or make available
or to a third party, things, money, or documents that produce legal effects.
Will incur the same penalty that by the same means or violence to compel another
to subscribe or destroy documents of obligation or credit.
ARTICLE 169. - Shall be punished with imprisonment or detention for three to eight
years, which, due to the threat of accusations against the honor or violation of
secrets, commits any of the facts expressed in the preceding article.
ARTICLE 170. - Shall be imposed confinement or imprisonment of five (5) to fifteen
(15) years, to which sustrajere, retuviere or hide a person to remove rescue. If the
author obtains its purpose, the minimum penalty shall be increased to eight (8)
years.
The penalty shall be ten (10) to twenty (25) years of imprisonment or detention:
1. If the victim was a woman pregnant; a child under eighteen (18) years of age or
greater of seventy (70) years of age.
2. If the act was committed in the person of an ascendant; a brother; of a spouse or
partner; or of another individual to be supplicated particular respect.
3. If is caused to the victim serious or very serious injuries.
4. When the victim is a disabled person; sick; or it might not be able to fend for itself.
5. When the agent is an official or public employee; or belongs or has belonged to
any security force or intelligence agency of the State.
6. When participating in the fact three (3) or more persons.
The penalty shall be fifteen (15) to twenty (25) years of imprisonment or detention if
the fact proves the death of the offended person, as a result not willed by the
author.
The penalty will be imprisonment or imprisonment for life, if intentionally cause the
death of the person offended.
The penalty of the venturer which, dissociating themselves from the others, they will
endeavor so that the victim regain the freedom, without which such a result would
be the result of payment of the price of the freedom, will be reduced by one third to
one half.
(Article replaced by art. 4° Of the Law No. 25,742 B. O. 20/6/ 2003)
Article 171. - Will suffer imprisonment for two to six years, the that substrajere a
corpse to be pay its return.
Chapter IV
fraud and other fraud
ARTICLE 172. - Shall be punished with imprisonment from one month to six years,
which defraudare to another with assumed name, quality simulated, false titles,
influence stockholmer, abuse of trust or pretending goods, credit, commission,
company or negotiation or through any other trick or deception.
Article 173.- Without prejudice to the general provision of the preceding article, shall
be considered as special cases of fraud and will suffer the punishment he sets:
1. Which defraudare to another in the substance, quality or quantity of the things
that give you under contract or a compulsory qualification;
2. The prejudice of another refuses to restore or not which in due time, money,
effects, or any other movable thing that you have been given in tank, commission,
administration, or another title that produces obligation to deliver or return;
3. Which defraudare, doing subscribe with deception some document;
4. Anyone who commits any fraud abusing signature in white, extending it with
some document to the detriment of the same that gave or of a third party;
5. The owner of a movable thing that sustrajere who have legitimately in its power,
to the detriment of the same or of a third party;
6. The grants to the detriment of another, a contract or false simulated received;
7. Which, by law, the authority or by a legal act, was in charge of the management,
the administration or the care of property or pecuniary interests outside, and in
order to seek for himself or for a third drug abuse a profit or to cause harm, violating
their duties would prejudice the interests entrusted or necessitates abusively to the
holder of these;
8. Anyone who commits fraud, substituting, hiding or maim some process, record,
document, or other important role;
9. The who sells or gravare as free goods, whatever they are contentious or
embargoed or encumbered; and the who sells, or gravare arrendare as own,
property extraneous;
10. Which defraudare, under the pretext of alleged remuneration to judges and
other public employees;
11. Shall I return thither that the impossible, uncertain or disputed the right on a
well or compliance, in the agreed conditions, of an obligation with respect to the
same, whether through any legal act concerning the same well, although not
disposal amount, either stir, trapping, hiding it or by damaging, provided that the
right or obligation had been agreed to another by a price or as collateral;
12. Trust the holder, the administrator of mutual funds or the giver of a leasing
contract, which for its own benefit or by a third party provides, gravare or prejudices
the goods and in this way defraudare the rights of the contracting parties;
(incorporated by art. 82 Of Law No. 24,441 B. O.
16/1/ 1995)
13. The which being authorized to extrajudicially execute a property it will be
implemented in prejudice to the debtor, knowing that the same is not in arrears, or
maliciously omit complete collections established for the auction through the special
procedure; (incorporated by art. 82 Of Law No. 24,441 B. O. 16/1/ 1995)
14. The holder of mortgage credits that to the detriment of the debtor or third omit
indicate in the title payments received. (Incorporated by art. 82 Of Law No. 24,441 B.
O. 16/1/ 1995)
15. Which defraudare through the use of a purchasing card, credit or debit, when
the same has been falsified, adulterated, stolen, stolen, lost or obtained from the
legitimate sender through trick or deception, or through the unauthorized use of
their data, even if he fails to do so by means of an automatic operation.
(Incorporated by art. 1 Of the Act No. 25,930 B. O. 21/9/ 2004)
Article 174. - Will suffer imprisonment for two to six years:
1o. In order to obtain the that to himself or to seek to another an illegal profit to the
detriment of an insurer or a giver of loan to the thick, i will incinerate or destroys a
thing insured or insured or a ship whose burden or freight are insured or on which
there has been a bottomry;
2or the that overstep the needs, passions or inexperience of a minor or an
incompetent, declared or undeclared such, to make him sign a document that
amount any legal effect, in damage of the or other, although the act is civilly null;
3o. Which defraudare using weights or false measures;
4o. The employer or constructor of a work or the seller of construction materials
that commits, in the execution of the works or in the delivery of the materials and a
fraudulent act likely to endanger the security of persons and goods or the State;
5o. Anyone who commits fraud to the detriment of any public administration.6 ° .- that maliciously¡ ¯s the normal unfolding of an establishment or commercial
exploitation, industrial, agricultural, mining or
intended to service delivery; anyone defiles, danare, doeth disappear, conceal or
fraudulently thereby decreased the value of the raw materials, products of any
nature, machines, equipment or other capital goods. (Incorporated by art. 2° Of the
Law No. 25,602 B. O. 20/6/ 2002)
In the case of the three preceding paragraphs, the guilty, if he is a public official or
employee, also suffer perpetual special disqualification. (Paragraph replaced by art.
3° Of the Law No. 25,602 B. O. 20/6/ 2002)
(Note Infoleg: By art. 4° Of the Law No. 25,602 B. O. 20/6/2002, he joined the art.
174 BIS but was vetoed by Decree N° 1059/2002 B. O. 20/6/ 2002)
Article 175. - Shall be punished by a fine of shall be punished with a fine of one
thousand pesos to fifteen thousand pesos:
1o. The loss i will find one thing that do not belong to him or a treasury and
apropiare the thing or part of the treasury for the owner of the land, without
observing the requirements of the Civil Code;
2o. The one thing apropiare gainfully employed, in whose custody has entered as a
result of an error or a fortuitous event;
3o. The who sells the garment on that lent the money or the apropiare or decides it,
without the legal formalities;
4o. The creditor who knowingly require or accept of his debtor, document title,
credit or guarantee by a obligation not expired, a check or money of a later date or
blank.(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter IV bis
usury
ARTICLE 175 bis. - Which, taking advantage of the need, the lightness or the
inexperience of a person he doeth give or pledge, in any form, for himself or
another, interests or other pecuniary advantages clearly disproportionate with its
provision, or to provide safeguards and guarantees of extortion, shall be punished
with imprisonment from one to three years and a fine of three thousand pesos to
thirty thousand pesos.
The same penalty shall apply to a person who knowingly he acquires, transferring it
or doeth assert a usurious lending.
The term of imprisonment shall be three to six years, and the fine of fifteen
thousand pesos to one hundred and fifty thousand pesos, if the perpetrator was
lender or broker usurious professional or habitual.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter V
cracked and other debtors punishable
ARTICLE 176. - Will be punished, as fraudulent bankruptcy, with a prison term of two
to six years and special disqualification from three to ten years, the trader that
declared bankruptcy, in fraud of creditors, any extra costs incurred in some of the
following events:
1or simulate or assume debts, disposals, expenses or losses;
2or does not justify the output or existence of assets that should have; subtract or
hide something that correspond to the earth;
3or give undue advantage to any creditor.
ARTICLE 177. - Will be punished, as bankrupt guilty, with one month to one year's
imprisonment and special disqualification of two to five years, a merchant that has
caused his own bankruptcy and brought harm to their creditors, by their excessive
costs in relation to the capital and the number of people in your family, speculation
ruinous, game, abandonment of your business or any other act of negligence or
imprudence manifests itself.
ARTICLE 178. - In the case of the bankruptcy of a commercial company or of a legal
person to exercise the trade, or open the liquidation proceedings without
bankruptcy of a bank or other financial institution, any director, liquidator,
administrator, a member of the audit commission or manager of the company or
establishment failed or the bank or financial institution in liquidation without
bankruptcy, or accountant or bookkeeper of the same, which has operated in the
implementation of any of the acts referred to in the preceding articles shall be
punished with the punishment of the fraudulent bankruptcy or guilty, in their case.
With the same penalty shall be punished the member of the board of directors or
steering committee, trustee, board member of the audit or monitoring, or manager,
in the case of a cooperative society or mutual.
ARTICLE 179. - Shall be punished with imprisonment from one to four years, the
debtor does not contest civilly that merchant, to defraud their creditors, has been
committed or commits any of the acts mentioned in article 176.
Shall be punished with imprisonment from six months to three years, where, during
the course of a process or after a conviction, maliciously destroys, inutilizare, danare,
conceal or doeth disappear goods of their heritage or fraudulently thereby
decreased its value, and in this way frustrare, in whole or in part, compliance with
the corresponding civil obligations.
ARTICLE 180. - Shall be punished with imprisonment from one month to one year,
the creditor who consents to a concordat, judicial convention or transaction, in
virtue of a collusion with the debtor or a third party, by which any stipulated special
advantages for the case of acceptance of the Concordat, convention or transaction.
The same penalty shall be imposed, in your case, a debtor or director, manager or
administrator of a corporation or cooperative or a legal person of another nature, in
a state of bankruptcy or judicial contest of goods, which concludes a convention of
this genre.
Chapter VI
usurpation
ARTICLE 181.- will be punished with imprisonment for a term of one month to three
years:
1or the that by violence, threats, deceit, abuse of trust or hiding despojare to
another, in whole or in part, of the possession or possession of an immovable or the
exercise of a right royal constituted on the, is that the plunder occurs invading the
property, while remaining in the or expelling the occupants;
2or that, to seize all or part of a building, destroys or altered the terms or limits of
the same;
3or that, with violence or threats, turbare possession or possession of a property.
(Article replaced by art. 2° Law No. 24,454 B. O. 7/3/ 1995)
Article 182. - Shall be punished with imprisonment for a term of between fifteen
days to a year:
1or the who illicitly and with the intent to cause injury to another i will draw water
from dams, ponds or other deposits, rivers, streams, fountains, canals or aqueducts
or the manservant in greater quantity than that to which it is entitled;
2or which disturbs the exercise of the rights that a third person on these waters;
3or illegally and with the intent to cause injury to another represare, will go out or
arrests the waters of the rivers, streams, canals or sources or usurpare any right
concerning the course of them.
The penalty shall be increased by up to two years, whether to commit the offenses
set forth in the above numbers, is rompieren or any meddling with dams, locks,
gates or other similar works made in rivers, streams, fountains, reservoirs, canals or
aqueducts.
Chapter VII
ARTICLE 183 damage. - Shall be punished with imprisonment of fifteen days to a
year, which destroys, inutilizare, doeth disappear or in any way danare one thing
movable or immovable or an animal, total or partially outside, provided that the act
does not constitute another crime more severely punished.
ARTICLE 184. - The penalty shall be for three months to four years in prison, if
committal orders any of the following circumstances:
1or run the fact in order to prevent the free exercise of the authority or in revenge
for their determinations;
2or produce infection or contagion in birds and other pets;
3or use corrosive or poisonous substances;
4or commit a crime in a remote area and in-band;
5or run it in files, registries, libraries, museums or on bridges, roads, walks or other
property for public use; or in tombs, commemorative signs, monuments, statues,
paintings and other art objects placed in buildings or public places.
Chapter VIII
general provisions
Article 185. - Are exempt from criminal responsibility, without prejudice to the civil,
theft, fraud or damage that each other has caused:
1. The spouses, ascendants, descendants and related in a straight line;
2. The consort widower, with regard to the things of the membership of their
deceased spouse, while have not gone to power of another;
3. The brothers and brothers-in-law, if you live together.
The exception set out in the preceding paragraph, is not applicable to strangers who
become involved in the offense.
TITLE VII
OFFENSES AGAINST PUBLIC SAFETY
Chapter I
fire and other ravages
ARTICLE 186. - He who causes fire, explosion or flooding, it will be punished:
1 or to imprisonment or imprisonment of three to ten years, if there is danger to the
common property;
2or with imprisonment or imprisonment of three to ten years anyone who fire or
destruction by any other means: (
a) of cereals in parva, sheaves or bags, or of the same still not harvested;
(b) of forests, vineyards, olive groves, cane thickets, Algodonales in yerbatales or any
other planting trees or shrubs in exploitation, either with their fruits in foot or
harvested;
(c) of cattle in the fields or their products piled up in the field or deposited; (
d) of the firewood or charcoal, stacked and piled up in the fields of Its exploitation
and intended for the trade; (
e) of alfalfa fields or any other cultivation of fodder, either on foot or emparvados,
engavillados, or baled silage; (
f) of the same products mentioned in the preceding paragraphs, loaded,
unemployed or in motion;
3or to imprisonment or imprisonment of three to fifteen years, if there is danger for
a public archive, library, museum, arsenal, shipyard, gunpowder factory or military
pyrotechnics or park of artillery;
4or to imprisonment or imprisonment of three to fifteen years, if there is danger of
death to any person;
5or to imprisonment or imprisonment from eight to twenty years, if the immediate
cause of the death of any person.
ARTICLE 187. - Will incur, as the case may be, in the penalties mentioned in the
preceding article, which causes havoc through submersion or stranding of nave,
collapse of a building, flood, a mine or any other powerful means of destruction.
ARTICLE 188. - Shall be punished with imprisonment from one to six years,
destroying or rendered harmless dikes or other works for the common defense
against floods or other disasters, doeth arise the danger that these occur.
The same penalty shall apply to that, to prevent the extinction of a fire or the works
of defense against a flood, submersion, wreck or other disaster, substrajere, conceal
or doeth unserviceable, materials, instruments or other media intended to extinction
or referred to the defense.
ARTICLE 189. - Shall be punished with imprisonment from one month to one year,
which, by carelessness or negligence, incompetence in his art or profession or by
failure to comply with the regulations or ordinances, causes a fire or other havoc.
If the act or omission guilty endangers his death to any person or causes the death of
any person, the maximum penalty may be raised up to five years.
(Article replaced by art. 3° Of the Law No. 25,189 B. O. 28/10/ 1999)
Article 189 bis . - (1) which, in order to contribute to the commission of crimes
against the common security or cause damage to the machines or in product
development, purchasing, nothwithstanding, furnish, sustrajere or has in his
possession pumps, materials or equipment capable of releasing nuclear energy,
radioactive materials or nuclear substances, or their waste, radioactive isotopes,
explosive, flammable, poisonous, toxic or biologically hazardous, or substances or
materials used in their preparation, shall be punished with imprisonment or
imprisonment of five (5) to fifteen (15) years.
The same penalty shall apply to that, knowing or having known that contributes to
the commission of crimes against the common security or intended to cause damage
to the machines or in the development of products and gives instructions for the
preparation of substances or materials referred to in the preceding paragraph.
The mere possession of the materials referred to in the preceding paragraph,
without proper legal authorization, or that cannot be justified on the grounds of
their home or industrial use, shall be punished with imprisonment for a term of
three (3) to six (6) years.
(2) The mere possession of firearms for civilian use, without proper legal
authorization, shall be punished with imprisonment of 6 (six) months to 2 (TWO)
years and fine of one thousand pesos ($ 1,000 . -) to ten thousand pesos ( $10,000 . ).
If they are weapons of war, the penalty shall be two (2) to six (6) years in prison.
The carrying of firearms for civilian use, without proper legal authorization, shall be
punished with imprisonment of one (1) year to four (4) years.
If they are weapons of war, the penalty shall be three (3) years and six (6) months to
eight (8) years and six (6) months of detention or imprisonment.
If the bearer of the arms to which they relate the two paragraphs above, any
authorized holder of the weapon in question, the corresponding criminal scale is
reduced by one-third of the minimum and maximum.
The same reduction provided for in the preceding paragraph may be practiced when,
by the circumstances of the fact and the personal circumstances of the author, it
becomes clear the lack of intention to use the firearms for illegal purposes.
In the two previous cases, the penalty is, in addition, special disqualification for
double the time of the conviction.
That recorded the criminal record of any criminal offense against the people or with
the use of weapons, or he finds himself enjoying a release or waiver of previous
prison and carries a firearm of any caliber, shall be punished by imprisonment for a
term of four (4) to ten (10) years.
(Note Infoleg: By art. 4° Of the Law No. 25,886 B. O. 5/5/2004, establishes that the
first paragraph of section 2 of article 189 bis shall enter into force as from the end of
the deadline of six months, in which the National Executive shall have the
appropriate measures to facilitate the free and easy registration of firearms for
civilian use or civilian use conditional. Also, in the same term, shall arbitrate
throughout the territory of the Nation, with Comptroller of the highest judicial
authority that in each jurisdiction will designate, the media for the purpose of
channelling of part of the population, the voluntary surrender of any firearm that its
owner or holder decides to make.)
(3) The collection of firearms, ammunition or parts of them, or the possession of
instrumental for producing them, without the proper authorization, shall be
punished with imprisonment or imprisonment for a term of four (4) to ten (10)
years.
Whoever of the illegal manufacture of firearms a habitual activity shall be punished
with imprisonment or imprisonment of five (5) to ten (10) years.
(4) shall be punished with imprisonment of one (1) year to six (6) years which I shall
convey a firearm, by any title, to those who do not instituting its condition of
legitimate user.
The penalty shall be three (3) years and six (6) months to ten (10) years in prison if
the weapon was delivered to a child under eighteen (18) years.
If the author makes the provision of illegal firearms a habitual activity, the penalty
shall be four (4) to fifteen (15) years of detention or imprisonment.
If the guilty of any of the conduct referred to in the previous three paragraphs i will
tell you with authorization for the sale of firearms, will also be imposed, in addition,
special disqualification absolute and perpetual, and a fine of ten thousand pesos (
$10,000 . - ).
(5) shall be punished with imprisonment for a term of three (3) to eight (8) years and
special disqualification for double the time of the conviction that, with the due legal
authorization to build weapons, omits its number or recorded in accordance with the
legislation in force, or assigned to two (2) or more weapons almost identical
numbers or recorded.
The same penalty shall be imposed on that alters or abolishes the number or the
engraving of a firearm.
(Article replaced by art. 1 Of the Act No. 25,886 B. O. 5/5/2004.)
ARTICLE 189ter .- (Article repealed by art. 2° Of the Law No. 25,886 B. O.
5/5/2004.)
Chapter II
Offenses against the security of the means of transportation and communication
ARTICLE 190. - Shall be punished with imprisonment for a term of two to eight years,
a person who knowingly commits any act which endangers the safety of a ship,
aircraft or floating construction.
If the fact produces shipwreck, stranding or air disaster, the penalty will be six to
fifteen years of detention or imprisonment.
If the fact causes injury to a person, the penalty will be six to fifteen years'
imprisonment or imprisonment, and if he causes the death of ten to twenty-five
years of detention or imprisonment.
The foregoing provisions shall apply even if the action falls on a own thing, if the fact
stems from danger to common security.
ARTICLE 191. - I will use any means to stop or hinder the progress of a train or to
confront it derail, will be punished:
1 or six months to three years in prison, if not arises derailment or other accident;
2or with two to six years' imprisonment, if arises derailment or other accident;
3or with imprisonment or imprisonment of three to ten years, whether as a result of
the accident, it does not prove any injured person;
4or to imprisonment or imprisonment of ten to twenty years, if it does not prove the
death of any person.
ARTICLE 192. - Shall be punished with the punishment prescribed in the preceding
article in their respective cases, who commits any act aimed to interrupt the
operation of a telegraph or telephone for the service of a railway.
ARTICLE 193. - Shall be punished with imprisonment from one month to one year, if
the fact not imported a crime more severely punished, which shoot blunt bodies or
projectiles at a train or tram in motion.
ARTICLE 194. - Which, without creating a situation of common danger, surrender,
disturbs or interferes with the normal operation of the transportation by land, water
or air or public service communication, water supply, electricity or energy
substances, shall be punished with imprisonment of three months to two years.
ARTICLE 195. - Shall be punished with imprisonment from one month to one year, if
the fact not a crime being imported more severely punished, conductors, captains,
pilots, mechanics and other employees of a train or a ship, that persons abandoning
their posts during their respective services before arriving at port or at the end of
the rail trip.
ARTICLE 196. - Shall be punished with imprisonment from six months to three years
by carelessness or negligence or by incompetence in his art or profession or by
failure to comply with the regulations or ordinances, causes a derailment, wreck or
other accident provided for in this chapter.
If the fact proves any injured or dead person, the penalty is imprisonment from one
to five years.
(Article replaced by art. 4° Of the Law No. 25,189 28/10/ 1999)
Article 197. - Shall be punished with imprisonment from six months to two years
who interrupts or interferes with the telegraphic communication or telephone or
violently upon the restoration of the interrupted communication.
Chapter III
Piracy
ARTICLE 198. - Shall be punished with imprisonment or imprisonment of three to
fifteen years:
1or which commits, on the sea or in navigable rivers, some act of predation or
violence against a vessel or against people or things that are, without being
authorized by some belligerent or exceeded the limits of a legitimately granted
authorization;
2or the that commits any act of depredation or violence against an aircraft in flight
or while performing operations immediately prior to flight, or against persons or
things that they find, without being authorized by some belligerent or exceeded the
limits of a legitimately granted authorization;
3or that through violence, intimidation or deception, usurpare the authority of A
ship or aircraft, with the purpose of seizing the or to dispose of things or persons
that leads;
4or the, in collusion with pirates, i will give a ship or aircraft, cargo, or what belongs
to its passage or crew;
5or that, with threats or violence, opposes that the commander or the crew defend
the ship or aircraft attacked by pirates;
6or that, or a self-employed person, match a ship or aircraft intended for piracy;
7or the who, from the territory of the Republic, to knowingly person who engages
with pirates or help them.
ARTICLE 199. - If the acts of violence or hostility mentioned in the previous article,
whatever they may be followed by the death of any person who is in the vessel or
aircraft attacked, the penalty shall be from ten to twenty-five years of detention or
imprisonment.
Chapter IV
offenses against public health. Poison or adulterate drinking water or food or
medicine
ARTICLE 200. - Shall be punished with imprisonment or imprisonment of three to ten
years ago, the fact that envenenare or committeth adultery, in a manner dangerous
to the health, drinking water or food or medicinal substances, intended for public
use or consumption of a collectivity of persons.
If the act is followed by the death of a person, the penalty shall be from ten to
twenty-five years of detention or imprisonment.
ARTICLE 201. The penalties of the preceding article shall be applied to the who sells,
putteth in sale, i will present or who distributes drugs or dangerous goods for the
health, disguising its harmful nature.
ARTICLE 202. - Shall be punished with imprisonment or imprisonment of three to
fifteen years, the that out or spreads a dangerous, contagious disease to the people.
ARTICLE 203. - When any of the facts set forth in the three preceding articles shall be
committed by carelessness or negligence or incompetence in the own art or
profession or by failure to comply with the regulations or ordinances shall be liable
to a fine of two thousand five hundred to thirty thousand pesos if it becomes
apparent illness or death of any person and imprisonment for six months to five
years if it transpires disease or death.
(Article replaced by art. 5° Of the Law No. 25,189 28/10/ 1999)
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 204.- will be punished with a fine of two thousand five hundred pesos
argentine pesos thirty thousand which is authorized for the sale of medicinal
substances, the furnish in kind, not quality or quantity corresponding to the
prescription or diverse of the declared or agreed upon.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 204 bis.- When the offense provided for in the previous article is committed
through negligence, the penalty is a fine of one thousand to fifteen thousand pesos.
(Article incorporated by Act No. 23,737 B. O. 11/10/ 1989)
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 204 ter.- shall be punished by a fine of two thousand five hundred to thirty
thousand pesos that taking responsible for the management, administration,
monitoring or surveillance of an establishment for the sale of medicines, omits
comply with the duties to his post by enabling the commission of any of the facts set
forth in article 204.
(Article incorporated by Act No. 23,737 B. O. 11/10/ 1989)
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 204 quater.- shall be punished with imprisonment from six months to three
years without authorization sells medicinal substances that require prescription for
your marketing.
(Article incorporated by Act No. 23,737 B. O. 11/10/ 1989)
Article 205. - Shall be punished with imprisonment from six months to two years,
which violates the measures taken by the competent authorities, to prevent the
introduction or spread of an epidemic.
ARTICLE 206. - Shall be punished with imprisonment of one (1) to six (6) months
which violates the rules established by the laws of animal health police.
(Article replaced by art. 4° Of the Law No. 25,890 B. O. 21/5/ 2004)
Article 207. - In the case of condemnation by an offense referred to in this Chapter,
the guilty, if is a public official or exercises any art or profession, will suffer, in
addition, special disqualification for twice the time of the conviction. If the sentence
is a fine, the special disqualification will last from one month to one year.
ARTICLE 208. - Shall be punished with imprisonment for a term of between fifteen
days to a year:
1or that, without a title or authorization for the exercise of an art of healing or
exceeding the limits of its authorization, announce, pharmaceutists, administers or
apply dependent on medication, water, electricity, hypnotism or any means
intended for the treatment of the diseases of the people, even free of charge;
2or the that, with title or authorization for the exercise of an art of healing, i will
announce or prometiere the healing of diseases to fixed term or by secret means or
infallible;
3or that, with title or authorization for the exercise of an art of healing, i will pay
your name to another that he has no title or authorization, to exercise the Acts
referred to in paragraph 1 of this article.
TITLE VIII
OFFENSES AGAINST PUBLIC ORDER
Chapter I
incitement to commit offenses
ARTICLE 209. - The person who instigates that publicly to commit a specific crime
against a person or institution, shall be punished by the single instigation, with two
to six years imprisonment, depending on the seriousness of the offense and the
other circumstances laid down in article 41.
Chapter II
unlawful association
ARTICLE 210. - Shall be punished with imprisonment or detention for three to ten
years, which I will take part in an association or band of three or more persons to
commit crimes for the mere fact of being a member of the association. For the
leaders or organizers of the association the minimum penalty shall be five years of
imprisonment or detention.
Article 210 bis. - Shall be imposed confinement or imprisonment of five to twenty
years that taketh part, operate or will assist you in the formation or maintenance of
an unlawful association aimed at committing offenses when the action will
contribute to endanger the validity of the National Constitution, provided that it
meets at least two of the following features:
a) consist of ten or more individuals;
b) possess a military organization or military-type;
(c) have cellular structure;
d) availability of weapons of war or high explosive offensive power; (
e) operate in more than one of political jurisdictions of the country;
f) consist of one or more officers or noncommissioned officers of the armed forces
or security;
G) have connections with other similar organizations existing in the country or
abroad;
(h) receive some support, help, or direction of public officials.
Chapter III
public intimidation
ARTICLE 211. - Shall be punished with a prison term of two to six years, which, to
instill a fear public or provoke commotion or disorders, doeth signals, giveth voices
of alarm, jeopardize with the commission of a crime of common danger, or
other media materials spend normally suitable to produce such effects.
When to do this spend is explosive, aggressive chemicals, or related subjects,
provided that this does not constitute an offense against the public safety, the
penalty will be imprisonment of three to ten years.
ARTICLE 212. - Shall be punished with imprisonment of three to six years which
publicly incites to collective violence against groups of people or institutions, by the
single incitement.
Chapter IV
glorifies crime
ARTICLE 213. - Shall be punished with imprisonment from one month to one year, he
publicly and by any means the apology of a crime or of a person convicted of crime.
Chapter V
other attacks against the public order
Article 213 bis. - Shall be punished with imprisonment or imprisonment of three to
eight years that i will schedule or i will take part in permanent or temporary
groupings that, without being covered in article 210 of this code, have main object or
accessories impose their ideas or combat the outside by force or fear, by the mere
fact of being a member of the association.
TITLE IX
OFFENSES AGAINST THE SECURITY OF THE NATION
Chapter I
Treason
ARTICLE 214. - Shall be punished with imprisonment or imprisonment of ten to
twenty-five years or imprisonment or life imprisonment and in one or another case,
absolute disqualification perpetuates, provided that the fact is not understood in
another provision of this code, all Argentinean or any person who is liable to
obedience to the nation by reason of his employment or public function, that I shall
take the weapons against this, while their enemies or giving them any relief or aid.
ARTICLE 215. - Shall be punished with imprisonment or life imprisonment, the
individual who commits the offense specified in the preceding article, in the
following cases:
1or If commits an act directed to submit all or part of the Nation to foreign
domination or to impair their independence or integrity;
2or If induces or decides to a foreign power to make war against the Republic.
ARTICLE 216. - Shall be punished with imprisonment or imprisonment for a term of
one to eight years, which I will take part in a conspiracy of two or more persons to
commit the
crime of treason, in any of the cases covered in the previous articles, if the
conspiracy is discovered before you start your implementation.
ARTICLE 217. - Shall be exempted from the penalty that reveal the conspiracy to the
authority, before beginning the procedure.
ARTICLE 218. The penalties prescribed in the preceding articles shall apply, also,
when the facts contained therein committed against a power allied of the Republic,
at war against a common enemy.
Shall also apply to foreign residents in Argentine territory, except as provided by the
treaties, or by the law of nations, about the diplomats and officials of the nationals
of countries in conflict. In this case the penalty decreased in accordance with the
provisions of article 44.
Chapter II
offenses that compromise the peace and the dignity of the Nation
ARTICLE 219. - Shall be punished with imprisonment from one to six years, which
acts by hostile materials not approved by the national government, gives reasons to
the danger of a declaration of war against the Nation, exposes its inhabitants to
experience harassment or retaliation in their persons or property or alters the
friendly relations between the Argentine government with a foreign government. If
such acts prove hostilities or the war, the penalty shall be of three to fifteen years of
detention or imprisonment.
ARTICLE 220. - Will be liable to imprisonment for a term of six months to two years,
which violates the treaties concluded with foreign nations, truces and armistices
agreed between the Republic and a hostile power or between its warring forces of
sea or land or the passer duly issued.
ARTICLE 221. - Shall be punished with imprisonment from six months to two years,
which violates the immunities of the head of a State or the representative of a
foreign power.
ARTICLE 222. - Shall be punished with imprisonment or imprisonment from one to
six years, that reveal the political or military secrets relating to security, to the
means of defense or foreign relations of the Nation.
The same penalty shall be imposed on who obtains the revelation of the secret. Shall
be punished with imprisonment from one to four years which publicly publicly
insults the flag, coat of arms or the hymn of the nation or the emblems of a province
of Argentina.
ARTICLE 223. - Shall be punished with imprisonment from one month to one year
and special disqualification by double time, which by carelessness or negligence
giveth to know the secrets mentioned in the preceding article, of which it is found in
possession by virtue of their employment or profession.
ARTICLE 224. - Shall be punished with imprisonment from six months to two years,
the unduly adjourn that levels of fortifications, ships, establishments, roads and
other military works or introduces to this end, clandestine or deceptively in those
places, when your access is prohibited to the public.
ARTICLE 225. - Shall be punished with imprisonment or imprisonment of three to ten
years, which, commissioned by the Argentine government a negotiation with a
foreign state, the EUA would result in a way which is damaging to the Nation,
deviating from its instructions.
OFFENSES AGAINST PUBLIC AUTHORITIES AND THE CONSTITUTIONAL ORDER
Chapter I
attacks to the constitutional order and democratic life
ARTICLE 226. - Shall be punished with imprisonment of five to fifteen years in arms
refers to change the Constitution, to lay down any of the public authorities of the
national government, coaxing some measure or granting or prevent, albeit
temporarily, the free exercise of their constitutional powers or their training or
renewal in the terms and legal forms. If the fact described in the previous paragraph
was perpetrated with the order of permanent change in the democratic system of
government, abolishing the federal organization, eliminating the separation of
powers, abrogating the fundamental rights of the human person or suppressing or
impair, albeit temporarily, the economic independence of the Nation, the penalty
shall be from eight to twenty-five years of imprisonment. If the act was perpetrated
by persons belonging to, or assimilation military employment, the minimum
penalties were increased by one third.
Article 226 bis. - That jeopardize public and judiciously with the commission of any of
the offenses referred to in article 226, shall be punished with imprisonment from
one to four years.
ARTICLE 227. - Shall be punished with the punishment prescribed by the article 215
for the traitors to the homeland, the members of Congress who granted through the
National Executive Power and the members of the provincial legislatures that
granted through to the provincial governors, extraordinary powers, the sum of
public power or submissions or supremacy, by which the life, honor or the fortune of
the Argentines are at the mercy of any government or any person (article 29 of the
Constitution).
Article 227 bis. - Shall be punished with the punishment prescribed by the article 215
for the traitors to the homeland, with the decline of article 46, the members of any
of the three branches of the national State or of the provinces to have consented to
the consummation of the acts described in the article 226, continuing in their roles
or taking them then amended by force the Constitution or deposed any of the public
authorities, or enforcing the measures taken by those who usurp these powers. It
shall apply from one to eight years' imprisonment or detention and absolute
disqualification of double the sentence, to those who, in the cases provided for in
the preceding paragraph, accepted by work continuing in functions or taking them
on, with the de facto authorities in some of the following positions: ministers,
secretaries of State, secretaries, directors-general and/or national equivalent of
hierarchy in the national, provincial or municipal, president, vice president, vocal, or
members of boards of decentralised agencies or self or official banks or companies
in the State; the State societies, societies of mixed economy, or public limited
companies with majority state, or of public authorities equivalent to those listed in
the national, provincial or municipal, ambassadors, Rectors and deans of national or
provincial universities, members of the armed forces or police or security agencies in
degrees of heads or equivalent, mayors, or members of the
public prosecutor's office of any hierarchy or fuero, senior staff of the National
Parliament and provincial legislatures. If the de facto authorities crearen different
administrative hierarchies or there is any disturbance the names of the functions
identified in the preceding paragraph, the sentence shall apply to those who play, in
response to the analogous nature and content of the charges in relation to the
present.
ARTICLE 227ter. - The maximum penalty for any offense will be increased in a
medium, when the action will contribute to endanger the validity of the National
Constitution. This provision shall not apply when the circumstances referred to in it
are referred to as a constituent element or calificante of the offense in question.
ARTICLE 228. - Will be liable to imprisonment for a term of six months to two years
to who commits or recutting run decrees of councils, bulls, brief and contrary
rescripts of the Pope who, for its compliance, they need from the pass of the
government, without having obtained; and from one to six years in the same
sentence, to which the implements or recutting run, despite having been denied that
pass.
Chapter II
Sedition
ARTICLE 229. - Shall be punished with imprisonment from one to six years, which,
without rebelling against the national government, manufacture, assemble a
province against another, refers in weapons to change the local Constitution, to lay
down any of the public authorities of a province or territory, coaxing some measure
or concession or prevent, even temporarily, the free exercise of their statutory
powers or their training or renewal in the terms and forms laid down in law.
ARTICLE 230. - Shall be punished with imprisonment from one to four years:
1. Individuals of an armed force or gathering of people, which attribute the rights of
the people and peticionaren on behalf of this (art. 22 Of the Constitution);
2. Those who are publicly refers to prevent the implementation of the national or
provincial laws or resolutions of the national civil servants or provincial, when this
does not constitute an offense more severely punished by this code.
Chapter III
Provisions common to the preceding chapters
ARTICLE 231. - Then the manifestation of rebellion or sedition, the national authority
more next order up to two times for the rebels to be immediately dissolved or
withdraw, leaving spend between one and another summons the time necessary to
do this. If the insurgents do not withdraw immediately after the second notice, the
authority shall make use of force to dissolve them. Will not be required, respectively,
the first and second summons, from which the rebels sign use of weapons.
ARTICLE 232. - In the event of dissolution of the tumult without having caused
another evil that momentary disruption of the order, only the promoters will be
prosecuted or directors, who were repulsed with half of the punishment for the
crime.
ARTICLE 233. - That i will take part as a promoter or manager in a conspiracy of two
or more persons to commit the crimes of rebellion or sedition, will be punished, if
the conspiracy is discovered before to be implemented, with the fourth part of the
penalty for the crime that was perpetrated.
ARTICLE 234. - Which incites soldiers troops or usurpare command of them, with a
ship of war, of a stronghold or a guard post retuviere or illegally a political or military
control to commit a rebellion or a sedition, shall be punished with half of the penalty
for the crime that was perpetrated. If it is satisfied to have effect the rebellion or the
sedition, the penalty shall be established for the authors of the rebellion or of
sedition in the respective cases.
ARTICLE 235. - Public officials who have been promoted or carried out any of the
offenses set forth in this Title, will suffer in addition special disqualification for a time
double the weight of condemnation.- The officials who have not resisted a rebellion
or sedition by all the means at their disposal, they will suffer special disqualification
from one to six years.- Increased to double the maximum of the penalty prescribed
for the offenses set forth in this Title, for the heads and agents of the public force
that incur them using or wielding weapons and other offensive materials that have
been entrusted in such quality.
ARTICLE 236. - When to run the offenses set forth in this Title, the guilty party
commits any other, shall follow the rules established for the contest of punishable
acts.
TITLE XI
CRIMES AGAINST THE PUBLIC ADMINISTRATION
Chapter I
attack and resistance against the authority
ARTICLE 237. - Shall be punished with imprisonment from one month to one year,
that I shall devote the intimidation or force against a public official or against the
person who will give assistance at the request of that or under a legal duty to
demand that the implementation or omission of an act of its own functions.
ARTICLE 238. - The term of imprisonment shall be six months to two years:
1 If the fact is committed to armed hand;
2 if the fact is committed by a gathering of more than three persons;
3 If the offender is a public official;
4 If the offender endangers his hands in the authority.
In the case of a civil servant, the reo also suffer special disqualification for twice the
time of the conviction.
ARTICLE 239. - Shall be punished with imprisonment of fifteen days to a year, which
upon or desobedeciere to a public official in the legitimate exercise of its functions
or to the person that you will give assistance at the request of that or under a legal
obligation.
ARTICLE 240. - For the purposes of the two preceding articles shall be deemed public
servant to the particular that I will try to apprehend or has apprehended a criminal in
flagrante delicto.
ARTICLE 241. - Shall be punished with imprisonment of fifteen days to six months:
1 The that supend the order in the session of the national legislative bodies or
provincial, at the hearings in the courts of justice or wherever a authority is
exercising its functions;
2 that without being covered in article 237, impedes or disturbs a public official to
carry out an act of its own functions.
ARTICLE 242. - Shall be punished by a fine of seven hundred and fifty pesos to pesos
ten thousand and disqualification from one to five years, the public official who, in
the arrest or training of a case against a member of the national public authorities or
provincial, a constitutional convention or an electoral college, not keep the form as
may be prescribed in the respective constitutions or laws.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 243. - Shall be punished with imprisonment of fifteen days to a month, which
legally still cited as a witness, expert or interpreter fails to appear or provide the
respective statement or exposure. In the case of the expert or interpreter, shall be
imposed, in addition, the reo, special disqualification from one month to one year.
Chapter II
False Denunciation
Article 244. - (Article repealed by art. 2° Of the Law No. 24,198 B. O.
3/6/ 1993).
ARTICLE 245. - Will be liable to imprisonment for a term of two months to a year or a
fine of seven hundred and fifty pesos to twelve thousand five hundred pesos which
denounces the falsely a crime before the authority.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter III
usurpation of authority, titles or honors
ARTICLE 246. - Shall be punished with imprisonment from one month to one year
and special disqualification for twice the time:
1 which asumiere coerces or public functions, but without a title or appointment
issued by the competent authority;
2 that after they have ceased by Ministry of the law in the performance of a public
office or after having received from the competent authority official communication
of the resolution that ordered the dismissal or suspension of their functions, i will
continue office;
3 The public official who coerces functions corresponding to another post.
ARTICLE 247. - Shall be punished with imprisonment of fifteen days to a year that
coerces acts pertaining to a profession that requires a special authorization, without
possessing the title or the corresponding authorization.
Shall be punished by a fine of seven hundred and fifty twelve thousand five hundred
pesos, which i will publicly insignia of a charge no exercises or arrogare academic
degrees, professional titles or honors that he did not correspond. (Note Infoleg: fine
updated by art. 1 Of the Act No. 24,286 B. O. 29/12/ 1993)
(Article replaced by Law No. 24,527 B. O. 8/9/ 1995)
Chapter IV
abuse of authority and violation of the duties of civil servants
ARTICLE 248. - Shall be punished with imprisonment from one month to two years
and special disqualification for twice the time, the public official who dictated
decisions or orders that are contrary to the laws or constitutions national or
provincial or implements the orders or resolutions of this class or not existing
implements the laws whose incumbiere compliance you.
Article 248 bis.- shall be punished with general disqualification for six (6) months to
two (2) years the public official who must monitor compliance with the rules of
marketing of livestock, products and by-products of animal origin, omits inspect in
accordance with the regulations of his office, establishments such as finance
markets, fairs and auctions, abattoirs, fridges, salting, barracks, graserias, dairy or
other local establishments or related with the processing, handling, processing or
marketing of products of animal origin and transport vehicles of finance, products or
byproducts of that source.
(Article incorporated by art. 5° Of the Law No. 25,890 B. O. 21/5/ 2004)
Article 249. - Shall be punished by a fine of seven hundred pesos to twelve thousand
five hundred pesos and special disqualification from one month to one year, the
public official who illegally omits, he refuses to do any act or who refrains from
ruling out his office.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 250. - Shall be punished with imprisonment from one month to two years and
special disqualification for twice the time, the chief or agent of the public force,
which he refuses, omits or who refrains from ruling without justifiable cause, the
provision of a auxilio legally required by the competent civilian authority.
ARTICLE 251. - Shall be punished with imprisonment for one month to four years and
special disqualification for twice the time, the public official which may require the
assistance of the public force against the implementation of provisions or legal
orders of the authority or judgments or judicial orders.
ARTICLE 252. - Shall be punished by a fine of seven hundred pesos to twelve
thousand five hundred pesos and special disqualification from one month to one
year, a public official who, without having been admitted to the resignation of his
destination, abandon him with damage to the public service.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 253. - Shall be punished by a fine of seven hundred pesos to twelve thousand
five hundred pesos and disqualification from six months to two years, the public
official who proposes to appoint or public office, a person in whom they have not
met the legal requirements. The same penalty shall be imposed on that i will accept
a charge for which you do not have the legal requirements.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter V
Violation of stamps and documents
ARTICLE 254. - Shall be punished with imprisonment from six months to two years,
which violates the stamps posts by the authority to ensure the conservation or the
identity of a thing. If the offender is a public official and committed the fact with
abuse of his office, also suffer special disqualification for twice the time. If the fact
has been committed by carelessness or negligence of the public official, the penalty
is a fine of seven hundred and fifty pesos to twelve thousand five hundred pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 255. - Shall be punished with imprisonment for one month to four years,
which sustrajere, conceal, or destroys inutilizare articles intended to serve as a test
before the competent authority, records or documents entrusted to the custody of
an officer or other person in the interest of the public service. If the guilty person is
the same custodian, also suffer special disqualification for twice the time. If the act
was committed through carelessness or negligence of the depositary, this shall be
punished by a fine of seven hundred and fifty pesos to twelve thousand five hundred
pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Chapter VI
bribery and influence peddling
(title of chapter replaced by art. 30 Of Law No. 25,188 B. O. 1/11/1999.
Validity: eight days from its publication.)
ARTICLE 256. - Shall be punished with imprisonment or imprisonment from one to
six years and special disqualification life imprisonment, the public official who alone
or through a person filed, receives money or any other gift or accept a promise
directly or indirectly, to do, slow down or stop doing something relating to its
functions
(Article replaced by art. 31 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
Article 256 bis - shall be punished with imprisonment or imprisonment from one to
six years and special disqualification life imprisonment for public service, which
alone or through a person filed requests or receives money or any other gift or
accept a promise directly or indirectly, to assert its undue influence to a public
official, so that this click, retard or stop doing anything relating to their functions.
If the conduct was intended to assert a unduly influence before a magistrate of the
judiciary or the Public Prosecutor, in order to obtain the issuance, dictation, delay or
omission of an opinion, decision or ruling in matters under its jurisdiction, the
maximum punishment of imprisonment or detention shall be increased to twelve
years.
(Article incorporated by art. 32 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight
days from its publication.)
ARTICLE 257. - Shall be punished with imprisonment or detention for four to twelve
years and special disqualification life imprisonment, the judge of the judiciary or the
Public Prosecutor's Office, which by itself or through an intermediary, receives
money or any other gift or accept a promise directly or indirectly to issue, dictate,
delay or omit dictate a resolution, failure or opinion, in matters under its jurisdiction
(Article replaced by art. 33 Of Act No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
ARTICLE 258. - Shall be punished with imprisonment from one to six years, which
directly or indirectly giveth or freewill gifts in pursuit of some of the behaviors
repressed by articles 256 and 256 bis, the first paragraph. If the gift should happen
to be made or offered in order to obtain any of the offenses defined in articles 256
bis, second paragraph and 257, the penalty shall be imprisonment or imprisonment
of two to six years. If the offender is a public official, also suffer special
disqualification of two to six years in the first case and three to ten years in the
second.
(Article replaced by art. 34 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
Article 258 bis - shall be punished with imprisonment for a term of one (1) to six (6)
years and perpetual special disqualification for exercising the function that the
public, directly or indirectly, offereth or i shall bestow on a public official from
another State or a public international organization, either on his own behalf or on
behalf of third parties, sums of money or any object of monetary value or other
compensation, such as gifts, favors, promises, or benefits, in exchange for which the
official perform or skip perform an act in relation to the exercise of public functions,
or to assert the influence derived from their office, in a matter related to a
transaction of Nature economic, financial or commercial.
(Article replaced by art. 1 Of the Act No. 25,825 B. O. 11/12/ 2003)
Article 259. - Shall be punished with imprisonment from one month to two years and
general disqualification for one to six years, the public official who recognizes gifts,
which were delivered in consideration to their craft, while in the performance of
their duties. Which i will submit or offereth the gift shall be punished with
imprisonment from one month to one year.
Chapter VII
misappropriation of public funds
ARTICLE 260. - Shall be punished with special disqualification from one month to
three years, the public official who giveth to flow rates or effects that administers a
different application than the one to which they were intended for. If this proves
damage or obstruction of the service to which they are assigned, shall be imposed in
addition to the guilty, a fine of twenty to fifty percent of the amount distracted.
ARTICLE 261. - Shall be punished with imprisonment or imprisonment of two to ten
years and perpetual disqualification, a public official who sustrajere flows or effects
whose administration perception or custody entrusted by reason of their office. Shall
be punished with the same penalty the official who spend for their own benefit or a
third party, jobs or services paid for by a public administration.
ARTICLE 262. - Shall be punished with a fine of twenty to sixty percent of the value
subtracted, a public official who, because of carelessness or negligence or by failure
to comply with the regulations or duties of his office and gives opportunity to that is
effected by another person the subtraction of flows or effects that it is in the
previous article.
ARTICLE 263. - Are subject to the above provisions which administraren or
custodiaren property belonging to establishments of public instruction or charitable
organizations, as well as administrators and trustees of flow seized, kidnapped or
deposited by competent authority, even if they belong to individuals.
ARTICLE 264. - Shall be punished with special disqualification for one to six months, a
public official who, taking funds expeditious, unreasonably late a regular payment or
decreed by competent authority. In the same penalty shall apply to any public
official who, as required by the competent authority, refuse deliver a quantity or
effect deposited or placed under its custody or administration.
Chapter VIII
negotiations incompatible with the exercise of public functions
ARTICLE 265. - Shall be punished with imprisonment or imprisonment from one to
six years and special disqualification life imprisonment, the public official who,
directly, through an intermediary or simulated act, are concerns in a view of a
benefit for itself or by a third party in any contract or transaction involving by reason
of their position.
This provision shall apply to the arbitrators, mediators, surveyors, accountants,
guardians, executors, trustees and liquidators, with respect to the functions
performed in the nature of such.
(Article replaced by art. 35 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
Chapter IX
unlawful charges
ARTICLE 266. - Shall be punished with imprisonment from one to four years and
special disqualification from one to five years, the public official who, abusing his
position, on request, requires or doeth pay or deliver unduly, personally or by proxy,
a contribution, a right or a gift or sensitize greater rights to which they pertain.
(Article replaced by art. 37 Of Act No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
ARTICLE 267. - If you spend intimidation or whosoever shall call upon higher order,
commission, court order or other lawful authority, may be raised the imprisonment
for up to four years and the disabling up to six years.
ARTICLE 268. - Shall be punished with imprisonment of two to six years and
perpetual disqualification, a public official who transformed for their own benefit or
of a third party the levies expressed in the preceding articles.
Chapter IX bis
illicit enrichment of officials and employees
ARTICLE 268 (1). - Shall be punished with the punishment of article 256, the public
official who for profit i will use for himself or for a third party information or data of
a reserved nature of those you've taken knowledge by reason of their office.
Article 268 (2) - will be punished with imprisonment or imprisonment of two to six
years, a fine of fifty per cent to one hundred percent of the value of the enrichment
and absolute disqualification life imprisonment which, when properly be required,
not acquit the provenance of an enrichment appreciable assets of yours, or person
filed to conceal that fact, happened after the assumption of a public office or
employment and up to two years after they have ceased in its performance.
It is understood that there was no enrichment only when the heritage had gone up
with money, things, or goods, but also when they canceled debts or obligations that
extinguished the affected.
The person filed to disguise the enrichment will be punished with the same penalty
as the author of the fact.
(Article replaced by art. 38 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight days
from its publication.)
Article 268 (3) - will be punished with imprisonment of fifteen days to two years and
special disqualification perpetuates the who, by virtue of his post, he was dutybound by law to submit an affidavit patrimonial and omits maliciously do so.
The offense will be configured when mediating proper notification of the respective
summons, the obligor has not complied with the aforementioned duties within the
time limits set by the law whose application appropriate.
In the same penalty shall be imposed on that maliciously, or omits falseare insert the
data that these affidavits should contain in accordance with applicable laws and
regulations.
(Article incorporated by art. 39 Of Law No. 25,188 B. O. 1/11/1999. Validity: eight
days from its publication.)
Chapter X
breach
Article 269. - Will suffer fine of three thousand pesos to pesos and seventy-five
thousand and absolute disqualification perpetuates the judge that dictated decisions
that are contrary to the act expresses invoked by the parties or the same or quote,
to be built, false facts or resolutions.
In the event of a conviction in criminal case, the penalty is three to fifteen years'
imprisonment or imprisonment and absolute disqualification perpetuates.
The first paragraph of this article shall be applicable, in your case, the arbitrators and
conciliators ex aequo et bono.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 270. - Shall be punished by a fine of two thousand five hundred pesos to
thirty thousand pesos and absolute disqualification from one to six years, the judge
issuing custody for an offense under which not appropriate or that entertain the
preventive detention, computed in the manner set out in article 24, has exhausted
the maximum penalty which could correspond to processing by the offense charged.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 271. - Shall be punished by a fine of two thousand five hundred pesos to
thirty thousand pesos, and disqualification from one to six years, the lawyer or agent
to defend himself personally or engage his own judicial or represent opposing
parties in the same trial, simultaneously or successively or in any other way,
deliberately prejudices the cause that he is trusting him.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 272. - The provision of the preceding article shall apply to prosecutors,
advisors, and other officials responsible for issuing its opinion to the authorities.
Chapter XI
denial and delay of justice
Article 273. - Shall be punished with general disqualification for one to four years,
the judge who refuses to prosecute under the pretext of obscurity, insufficiency or
silence of the law.
The same penalty shall apply to any judge who maliciously who refrains from ruling
the administration of justice after requested by the parties and vanquished the legal
terms.
ARTICLE 274. - The public official who, lacking in the performance of his duty, but I
will not promote the persecution and suppression of the offenders, shall be
punished with general disqualification for six months to two years, unless it proves
that its omission came from an insurmountable disadvantage.
Chapter XII
false testimony
ARTICLE 275. - Shall be punished with imprisonment for one month to four years, the
witness, expert or interpreter that i will stand a falsehood or refuses or holdeth the
truth, in whole or in part, in his deposition, report, translation or interpretation,
made before the competent authority.
If the false testimony is committed in a criminal case, to the detriment of the
accused, the penalty shall be of one to ten years' imprisonment or imprisonment.
In all cases may be imposed on the accused person, in addition, absolute
disqualification for twice the time of the conviction.
ARTICLE 276. - The penalty of the witness, expert or interpreter false, whose
declaration is provided through bribery, will increase with a fine equal to twice the
amount offered or received.
The payer shall suffer the penalty of the simple false witness.
Chapter XIII
Concealment and laundering of assets of criminal origin
Article 277.1.- shall be punished with imprisonment for a term of six (6) months to three (3)
years which, after the commission of a crime carried out by another, in the who had
not been involved:
a) will surely help you in person to escape the investigations of the authority or to
evade the action of this;
(b) conceals, alters or doeth disappear the traces, tests or instruments of a crime, or
helping the author or participate to hide them, alter them or make them disappear;
(c) he acquires, receives or hide money, things, or effects from a crime; (
d) does not divulge the perpetration of a crime or not individualizare the author or
participates in a crime already known, when He was duty-bound to promote the
criminal prosecution of an offense of that nature; (
e) Ensure or helping the author or participate to ensure the product or profit of the
crime.
2.- In the case of subparagraph 1 (c), above, the minimum penalty shall be one (1)
month in prison, if, in accordance with the circumstances, the author could suspect
that came from a crime.
3.- The scale of penalties will be increased to double their minimum and maximum,
when: (
a) The fact precedent outside a particularly serious crime, such as the one whose
minimum penalty outside to exceed three (3) years' imprisonment;
(b) The author i will act with a profit objective.
(c) The author engages with habitual to the commission of acts of concealment; (
d) The author is a public official.
The aggravation of the criminal, provided for in this subparagraph shall be operative
only once, even when more than one of the aggravating circumstances. In this case,
the court may take into account the multiplicity of causes when determining the
penalty.
4.- are exempt from criminal responsibility that they have acted in favor of the
spouse, a relative whose link does not exceed the fourth degree of consanguinity or
affinity of second or of a close friend or person you were to be induced special
gratitude. The exemption does not apply to the cases of subparagraph 1, e) and (3,
b) and c). (Replaced by Art. 4 Of the Law No. 26,087 , B. O.
24/04/2006.)
(Article replaced by art. 2° Of the Law No. 25,815 B. O. 1/12/ 2003)
Article 277 bis.- apply imprisonment for a term of three (3) to six (6) years and
special disqualification of three (3) to ten (10) years to the public official who, after
the commission of the crime of cattle rustling in the who had not been involved, thus
violating the duties of his office or abusing their functions, intervenes or facilitates
the transport, faena, marketing or maintenance of cattle, meat offal or products
obtained, knowing your illicit origin.
(Article incorporated by art. 6° The Law No. 25,890 B. O. 21/572004)
ARTICLE 277 ter.- will be liable to imprisonment for a term of six (6) months to three
(3) years to that by bringing together the personal conditions described in the article
167 paragraph 4 c, by carelessness or negligence, to intervene in some of the actions
provided for in the preceding article, omitting adopt the measures necessary to
ensure the lawful origin of livestock.
(Article incorporated by art. 7° Of the Law No. 25,890 B. O. 21/572004)
ARTICLE 278.- 1) (a) shall be punished with imprisonment of two to ten years and a
fine of two to ten times the amount of the transaction which transformed,
transferring it, administers, sells, gravare or apply any other mode of money, or
other class of assets derived from an offense in the who had not been involved, with
the possible consequence of the fact that the goods originating in or alternates
acquire the appearance of a lawful origin and provided that its value exceeds the
sum of fifty thousand pesos ( $50,000 ), either by a single act or by the repetition of
various interrelated acts;
(b) the minimum of the scale of penalties shall be five (5) years in prison, when the
author I do the fact with habituality or as a member of an association or band
formed for the ongoing commission of acts of this nature;
(c) If the value of the goods not exceeds the amount specified in this subsection,
letter a, the author will be punished, in his case, according to the rules of article 277;
2) (vetoed by Decree No. 370/2000 B. O. 10/5/ 2000)
3) which receives money or other assets of criminal origin, in order to make them
apply in an operation that gives them the appearance of a lawful origin shall be
punished in accordance with the rules of article 277;
4) the objects referred to the crime of the subparagraphs 1, 2 or 3 of this article may
be seized
5) The exemption provided for in paragraph 4 of article 277 shall not apply to any of
the cases referred to in this article. (Incorporated by Art. 5 Of the Act No. 26,087 , B.
O. 24/04/2006.)
(Article replaced by art. 1 Of the Act No. 25,246 B. O. 10/5/2000. Note Infoleg:
(2) vetoed by Decree No. 370/2000 B. O. 10/5/2000: " 2) which by recklessness or
negligence commits any of the acts described in the preceding paragraph, first
sentence, shall be punished with a fine of twenty percent (20 %) to one hundred and
fifty percent (150 %) of the value of the assets involved in the offense")
ARTICLE 279.- 1. If the criminal scale provided for the offense precedent is less than
the established by the provisions of this Chapter shall apply to the case, the
aforementioned criminal offense;
2. If the aforementioned criminal offense is not threatened with imprisonment, its
concealment shall be punishable by a fine of one thousand pesos ( $1,000 ) to
twenty thousand pesos ( $20,000 ) or the aforementioned criminal offense, if lower.
(Phrase "shall not be punishable the concealment of such an offense, where
committed through negligence, within the meaning of article 278, paragraph 2 ;"
vetoed by Decree No. 370/2000 B. O. 10/5/ 2000)
3 When the author of any of the acts described in the article 277, paragraphs 1 or 3,
or in article 278, paragraph 1, outside public official that he had committed in the
exercise or occasion of their functions also suffer penalty of disqualification of three
(3) to ten (10) years. The same penalty shall apply to any person acting in the
exercise or occasion of a trade or profession requiring special authorization.
(Replaced by art. 3° Of the Law No. 25,815 B. O. 1/12/ 2003)
4. The provisions of this Chapter shall govern even when the previous crime had
been committed outside the scope of special application of this Code, in both the
fact precedent had also been threatened with death penalty in the place of its
commission.
(Article replaced by part of the Law No. 25,246 B. O. 10/5/2000. Partially vetoed by
Decree No. 370/2000 B. O. 10/5/ 2000)
Chapter XIV
tax evasion and breach of the sentence.
(Heading of chapter replaced by art. 3° Of the Law No. 23,487 B. O. 26/1/ 1987)
Article 280. - Shall be punished with imprisonment from one month to one year, the
felons that are legally detained evadiere by means of violence in people or force in
the things.
ARTICLE 281. - Shall be punished with imprisonment for one month to four years,
which favoreciere evasion of any person detained or convicted, and if is a public
official, will suffer, in addition, absolute disqualification by triple time.
If evasion arises as a result of the negligence of a public official, this shall be
punished with a fine Argentine pesos thousand to fifteen thousand Argentine pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 281 bis. That breach the judicially imposed a disqualification shall be
punished with imprisonment for two months to two years.
(Article incorporated by art.4° of Law No. 23,487 B. O. 26/1/ 1987)
TITLE XII
OFFENSES AGAINST PUBLIC FAITH
Chapter I
Counterfeiting of currency, banknotes, bearer bonds and credit documents
ARTICLE 282. - Shall be punished with imprisonment or imprisonment of three to
fifteen years, which forges a currency which is legal tender in the Republic and the
introduces, dispense medicines or endangers circulation.ARTICLE 283. - Shall be punished with imprisonment or imprisonment from one to
five years, which cercenare or alters currency of legal tender and that introduces,
dispense medicines or endangers his severed currency in circulation or altered.
If the alteration procedure entails changing the color of the currency, the penalty
will be six months to three years in prison.
ARTICLE 284. - If the false coin, severed or altered has been received in good faith
and dispense medicines or circulare with knowledge of falsity, curtailment or
alteration, the penalty shall be argentine pesos thousand to fifteen thousand
Argentine pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 285. - For the purposes of the preceding articles are equated to the national
currency, the foreign currency, the titles of the national debt, provincial or municipal
and their coupons, bonds or libranzas treasures of the national, provincial and
municipal, banknotes, titles, ballot papers, actions, securities and purchasing cards,
credit or debit, legally issued by national or foreign entities authorized to do so, and
the checks of all kinds, including those by traveller, whatever the bank headquarters
turned.
(Article replaced by art. 2° Of the Law No. 25,930 B. O. 21/9/ 2004)
Article 286. - (Article repealed by art. 3° Of the Law No. 25,930 B. O.
21/9/ 2004)
Article 287. - Shall be punished with imprisonment or imprisonment from one to six
years and absolute disqualification for twice the time, the public officer and the
director or administrator of a bank or a company that manufactures or nomination
or authorizes the manufacture or issuance of currency, with title or weight lower
than that of the law, bank notes or any titles, cards or bearer shares, in an amount
exceeding the authorized.
Chapter II
forgery of stamps, stamps and marks
ARTICLE 288. - Shall be punished with imprisonment or imprisonment from one to
six years:
1o. The official stamps that forges;
2o. The that forges a sealed paper, postage stamps or telegraph or any other kind of
stamped documents whose emission is reserved to the authority or it is for the
purpose of taxation.- In these cases, as well as in the of the following articles shall be
deemed fraudulent forgery printing the real stamp.
ARTICLE 289. - Shall be punished with imprisonment from six months to three years:
1. The brands that forges, passwords or signatures used officially or legally required
to contrast weights or measures, identify any object or certify its quality, quantity or
content, and that the applied to objects other than those for which should be
applied.
2. The forges that tickets for public transport operators.
3. The forges, modifies or abolishes the numbering of an object recorded in
accordance with the law.
(Article replaced by art. 1 Of the Act No. 24,721 B. O. 18/11/ 1996)
Article 290. - Shall be punished with imprisonment of fifteen days to a year, the
whosoever shall disappear from any of the seals, stamps, brands or passwords,
referred to in the previous articles, the sign indicating having already served or been
unusable for the object of his expedition.a person who knowingly i'll use, doeth use or endangers sale these stamps, stamps,
etc. , unused, shall be punished by a fine of seven hundred and fifty pesos to twelve
thousand five hundred pesos.
(Note Infoleg: fine updated by art. 1 Of the Act No. 24,286 B. O.
29/12/ 1993)
Article 291. - When the guilty of any of the offenses covered by the preceding
articles, is a public official and commits the fact abusing his position, will suffer, in
addition, absolute disqualification for twice the time of the conviction.Chapter III
falsification of documents in general
Article 292.- whoever in whole or in part a false document or adulterates one true,
so that you can be prejudice, shall be punished with imprisonment or imprisonment
from one to six years, if the case of a public instrument, and with a prison term of six
months to two years, if the person concerned is a private instrument.
If the document falsified or altered regardless of the intended to prove the identity
of the people or the ownership of the domain or enabling circular in motor vehicles,
the penalty is three to eight years.
For the purposes of the preceding paragraph are matched to the documents
intended to prove the identity of the people, those who for this purpose is dieren to
members of the armed forces, security, police or prison, identity cards issued by
competent public authority, the civic books or articles, and the passports, as well as
certificates of birth, place of birth.
(Article replaced by art. 9° Of the Law No. 24,410 B. O. 2/1/ 1995)
Article 293.- will be punished with imprisonment or imprisonment from one to six
years, which I will introduce or doeth insert in a public instrument false statements
concerning a fact that the document to be tested, so that you can be prejudice.
If it were the documents or certificates referred to in the last paragraph of the
previous article, the penalty shall be from 3 to 8 years. (Paragraph replaced by art.
10° Of the Law No. 24,410 B. O. 2/1/ 1995)
Article 293 bis.- will be liable to imprisonment for a term of one (1) to three (3) years
to the public official who, by carelessness or negligence, to intervene in the issue of
guides of transit of livestock or visa or legalization of certificates of purchase or other
proof of ownership of the shredding, omitting adopt the measures necessary to
ensure their legitimate origin.
(Article incorporated by art. 8 Of Law No. 25,890 B. O. 21/5/ 2004)
Article 294. - Who suppresses or destroys, in whole or in part, a document so it will
be prejudice, shall be liable to the penalties mentioned in the previous articles, in
the respective cases.
ARTICLE 295. - Will suffer imprisonment for one month to a year, the doctor that
giveth in writing a false certificate, concerning the existence or non-existence, past
or present, of any illness or injury when resulting prejudice.
The penalty shall be from one to four years, if the false certificate should have the
consequence that a healthy person was detained in the nuthouse, Lazareto or
another hospital.
ARTICLE 296. - Anyone who makes use of a document or certificate counterfeit or
adulterated, shall be punished as if he were author of falsehood.
Article 297.- For the purposes of this Chapter, are equated to the public instruments
the wills olografos or closed, the certificates of birth or birth, the bills of exchange
and the titles of communicable credit by endorsement or bearer, not included in
article 285.
(Article replaced by art. 11 Of Law No. 24,410 B. O. 2/1/ 1995)
Article 298. - When any of the offenses set forth in this Chapter, is executed by a
public official with abuse of its functions, the guilty will suffer, in addition, absolute
disqualification for twice the time of the conviction.
Article 298 bis. - Those who emit or accept credit invoices that do not correspond to
sale, location of furniture things, location of services or location actually contracted
labor, shall be punished with the punishment provided for in article 293 of this Code.
Same penalty will be up to those who unjustifiably reject or circumvent the
acceptance of credit invoice, when the service had already been given in a proper
way, or withholding the merchandise that has been delivered.
(Article replaced by art. 3° Of the Law No. 24,760 B. O. 13/1/ 1997)
Chapter IV
Provisions common to the preceding chapters
ARTICLE 299. - Will suffer imprisonment for one month to a year, which
manufactures, introduces into the country or i will cherish in your power, materials
or instruments known intended to commit some of the counterfeits legislated in this
Title.Chapter V
of the fraud to the commerce and industry
ARTICLE 300. - Shall be punished with imprisonment from six months to two years:
1o. Anyone who makes raising or lowering the price of the goods, public funds or
securities, by means of false news, negotiations sound contrived or by meeting or
coalition between the principal holders of a commodity or gender, in order to not
sell it or not to sell it but at a certain price;
2o. The freewill that public funds or actions or obligations of any company or legal
person, disguising or hiding facts or circumstances real or saying or doing glimpse
facts or circumstances false;
3o. The founder, director, administrator, liquidator or trustee of a corporation or
cooperative or collective of another person, who knowingly upload, certificare or
authorizes an inventory, a balance sheet, a profit and loss account or the
corresponding reports, records or reports, false or incomplete data or i will report to
the assembly or meeting of partners, with falsehood or reluctance, on important
facts to appreciate the economic situation of the company, anyone who has been
the purpose to verify it.ARTICLE 301. - Shall be punished with imprisonment from six months to two years,
the director, manager, administrator or liquidator of a corporation, or cooperative or
collective of another person who knowingly lend its contest or consent to acts
contrary to the law or the articles, of which you can derive some prejudice. If the act
being imported issuance of shares or quotas in capital, the maximum penalty is
increased to three years in prison, provided that the fact not imported a crime more
seriously punishable.Article 301 bis. - (Article repealed by art. 10 Of Law No. 24,064 B. O.
17/1/ 1992)
Chapter VI
of the payment with checks without funds provision of
Article 302. - Shall be punished with imprisonment from six months to four years and
special disqualification from one to five years, provided that do not fulfill the
conditions of Article 172:
1o. On the payment or delivered by any concept to a third party a check without
provision of funds or express authorization to overdraw, and not the promissory
note in national currency within twenty-four hours of notice the lack of payment by
bank advice, communication of the holder or any other form of interpellation
documented;
2o. On the payment or delivered by any concept to a third party a check, knowing
that at the time of your presentation may not legally be paid;
3o. The waterless pit a check and give contraorden for payment, except in cases
where the law authorizing him to do so, or maliciously frustrare your payment;
4o. The waterless pit a check in form without the permission.
SUPPLEMENTARY PROVISIONS
ARTICLE 303. - This code will govern as a law of the Nation six months after its
promulgation.
ARTICLE 304. - The Executive Power shall be the official edition of the code together
with the explanatory memorandum that accompanies it. The expenses occasioned
by the publication will be counted against this law.
ARTICLE 305. - Are hereby repealed laws numbers 49, 1920, 3335, 3900, 3972, 4189,
7029, 9143 and 9077 standard, the same as the other as opposed to this code. The
terms of imprisonment and prison that establish the special laws not been repealed
by this code, are replaced by confinement and the prison and detention by the
prison.
Normative Background
- Article 24, last paragraph incorporated by art. 1 Of the law N°25. 742 B. O.
20/6/ 2003;
- Article 206, paragraphs incorporated by art. 1 Of the Act No. 25,528 B. O.
9/1/ 2002;
- Article 23, replaced by art. 26 Of Law No. 25,188 B. O. 1/11/1999.
- Article 258 bis, incorporated by art. 36 Of Law No. 25,188 B. O. 1/11/1999.
- Article 189 bis, replaced by art. 2° Of the Law No. 25,086 B. O. 5/14/1999. Phrase
"or civilian use conditional" vetoed by Decree No. 496/1999.
- Article 189ter, incorporated by art. 3° Of the Law No. 25,086 B. O. 5/14/1999.
- Article 286, fine updated by art. 1 Of the Act No. 24,286 B. O. 29/12/1993.
- Article 72, inc. 3) Incorporated by art. 4° Of the Law No. 24,270 B. O. 26/11/1993.
- Article 298 bis, replaced by art.9° of Law No. 24,064 B. O. 17/1/1992.
- Article 163, paragraph 1, replaced by Law No. 23,588 B. O. 24/8/1988.
- Update amounts of fines: Law No. 23,479 B. O. 26/1/1987, Law No. 23,974 B. O.
17/9/1991 and the Law No. 24,286 B. O. 29/12/1993.
- Article 72 replaced by art. 1 Of the Act No. 23,487 B. O. 26/1/1987.
- Heading of Chapter III, Title III of the Second Book, replaced by art. 2° Of the Law
No. 23,487 B. O. 26/1/1987.
- Article 277, replaced by art. 1 Of the Act No. 23,468 26/1/1987.
- Article 277, replaced by art. 1 Of the Act No. 25,246 10/5/2000.
- Article 279, replaced by art. 1 Of the Act No. 23,468 26/1/1987.